State v. Kelly

Citations

• 78 Kan. 42
• 96 P. 40
• 1908 Kan. LEXIS 5

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Conversion of. Municipal Warrant — Interest. Where the custodian .of a municipal warrant sells it without authority before funds have been raised by the municipality for its redemption, and thereby becomes liable for its conversion, the measure of damages to the payee does not necessarily include interest up to the time of its payment.</p> <p>2. Petition — Action'on State Treasurer’s Bond — Conversion of a Warrant — Nominal Damages. A petition which alleges that the state treasurer, having custody of a municipal warrant issued for an indebtedness due to the state, sold it without authority before it was reached for payment, for its face and interest to the time of such sale, turning the money into the treasury, does not show grounds for the recovery by the state of more than nominal damages against the treasurer, where there is no allegation that the warrant at the time of the sale was worth more than the amount then paid for it. The lack of such allegation is not supplied by an averment that some time after such sale the warrant was paid in full by the municipality issuing it, with interest to the date of payment.</p>