Trustees of Schools of Township 24 v. Trustees of Schools of Township 25

Citations

• 81 Ill. 470

Syllabus

<p>1. School trustees—of one township liable 'to trustees of another, for money had and received to its use. A congressional township was divided by a county line, so that the north half was in one county and the south half in another, but the school fund was held as a common fund, and distributed among the districts of the township in each county. The south half was united with the township adjoining it on the south asoné township, under the township organization law. The counties both donated a portion of the proceeds of swamp lands to the school townships, and distributed it according to the geographical area in each. The portion of the fund belonging to the south half of the township divided by the county line, by order of the county authorities, came into the hands of the treasurer of the township to which it was joined under township organization, and afterwards the county board ordered such fund to be paid over to the treasurer of the township so divided by the county line, which at a meeting of the trustees of the two townships had been agreed should be done, if the county board would make such an order: Held, that upon refusal to comply with the order to pay over the money, by the treasurer and trustees in whose hands it was, the trustees of the township entitled to it could recover it from the trustees of the other township, in an action for money had and received.</p> <p>2. School districts—liable for money had and received. School districts, like individuals, must, when they obtain and hold the money of another, be held to refund it.</p>