24 Pa. Super. 490 | Pa. Super. Ct. | 1904
Opinion by
It appears by the petition in this case that the Caxton Company furnished to the Wilkes-Barre township school district certain school supplies for which the board of school directors agreed to pay $1,123.56, and on October 29, 1901, the board issued to the Caxton Company three orders aggregating the named amount, all of which were signed by the president and attested by its secretary. It further appears that the school district was indebted in other amounts, and provision was made for the payment of all its outstanding indebtedness by an issue of bonds. In the preliminary statement of the indebtedness which was issued to validate the bonds, the claim of the Caxton. Company was included as a subsisting debt. James Johnson, the respondent, as treasurer of the school district, received on April 11, 1903, the full amount of the proceeds of the sale of the bonds. A demand for the payment of the three warrants or orders was. made on April 13, 1903, and payment thereof was refused by Johnson for the reason “that he had paid out all the money received by him from the proceeds of the sale of said bonds.” A petition for a mandamus was presented to the court, and answer was filed by Johnson, to which the petitioners demurred. After a hearing the court sustained the demurrer and directed a writ of peremptory mandamus to issue, from which decree the respondent appealed.
It is not denied that a specific fund was created for the payment of this particular claim, nor that the money Avas in fact in the hands of the treasurer two days prior to the presentation of the warrants for payment. The answer of the treasurer discloses the fact that he was a member of the school board at the time the warrants were issued, and provision made for their
The judgment is affirmed and mandamus directed to issue unless other legal grounds be shown why it should not.