45 Fla. 496 | Fla. | 1903
This cause was duly considered by Division B of the court, but the questions involved were deemed of- sufficient importance to require the consideration of the cotírt en bancf*imd it was, therefore, referred to the court en bane for decision.'
In July, 1898, plaintiff in error began its action of assumpsit against defendant in error in the Circuit Court of Duval county. The first count of the declaration alleges “that heretofore, to-wit: on the 12th day of February, A. D. 1897, the said defendant Duval county was without sufficient money wherewith to pay its warrants upon the county treasurer for the payment of the necessary and lawful expenses of said county, and thereupon'it was agreed by and between said plaintiff and said defendant that said plaintiff should cash such warrants and that said defendant would pay to the said plaintiff interest at the rate of eight per cent, per annum upon the sums of money specified ip said warrants and which should be expended by plaintiff in cashing same from the dates of such expenditures by plaintiff until the said principal sums of said warrants should be paid by said defendant, and said plaintiff in accordance with said contract and agreement did cash such warrants of said county to a large sum or amount, to-wit: $20,388.78, and thereupon said defendant became bound to pay'the said plaintiff interest on the moneys mentioned in or ordered to be paid by said warrants until such.principal sums mentioned in
The declaration contained a second count which plaintiff in error construes as framed to recover legal interest upon the warrants mentioned in the first count independent of any agreement to pay interest.
The defendant interposed a demurrer to the declaration Avhich the Circuit Court sustained, and plaintiff declining to amend, final judgment upon the demurrer was entered for defendant, from which this writ of error was taken by the plaintiff.
There is no statute in this State which authorizes the recovery of interest upon county warrants tha,t.have been presented for payment' and refused for want of funds. Neither is there a general custom to pay interest upon such warrants that we are aware of. Section 588 Revised Statutes, as amended by Chapter 4409 acts of 1895, requires every county treasurer to enter in a book to be kept by him the fact of the refusal to pay or the nonpayment of any warrant which may be presented to him, and also requires him upon request of the party presenting the same, to endorse on the back of such warrant the fact of the refusal or nonpayment and the reason therefor,"and to pay such warrants in the order of their presentation, but the treasurer is not required by that or any other statute to pay interest upon such warrants. In Brown v Bd. of Com. of Johnson Co., 1 G. Greene (Iowa), 486, it was held that a county order, payable on presentment to the treasurer is due. and draws interest from the date of such pre
The great weight of authority sustains the proposition that, in the absence of statute or a valid agreement for interest, county warrants do not bear interest even- after demand and a refusal to pay them for Avant of funds. Camp v. Knox County, 3 Lea (Tenn.), 199; County of Madison v. Bartlett, 1 Scam. (Ill.) 67; Ashe v. County of Harris, 55 Texas, 49; Board of Supervisors of Warren County v. Klein, 51 Miss. 807; Board of Supervisors of Clay County v. Board of Supervisors of Chicasaw County, 64 Miss. 534, 1 South. Rep. 753; County of Pike v. Hosford, 11 Ill. 170; Dyer v. Covington Township, 19 Pa. St. 200; Allison v. Juniata County, 50 Pa. St. 351. See. also, 1 Daniel Neg. Insts. Sec. 432; Seton v. Hoyt. 34 Oregon. 266, 55 Pac. Rep. 967; Shipley v. Hackeney, 34 Oregon, 303, 55 Pac. Rep. 971; Seymour v. City of Spokane,
It is insisted by plaintiff in error that the principle decided in the case of Jefferson County v. Hawkins, 23 Fla. 223, 2 South. Rep. 362, is applicable to the.present case and controls it. The question there involved was whether past due interest coupons upon bonds issuqd b,v a county under legal authority would bear interest after maturity. The court disposed of the question by saying simply “although it has been intimated by this court in 13 Fla. that coupons past due do not bear interest, we are clearly of the opinion that the weight of authority is, as it is now held in the United States courts and most of the State courts, that coupons do bear interest after maturity.” It will be observed that in that case the coupon was a negotiable instrument in the nature of an independent claim, issued under a statute authorizing the county to issue the bond with interest coupons. The question relating to interest upon county warrants was not involved or decided, and in view of the essential differences in the nature of coupons and warrants, they do not necessarily rest upon the same basis. See County of Beaver v. Armstrong, 44 Pa. St. 63; Welch v. First Division of the St. Paul & Pacific R. R. Co. 25 Minn. 314; Lexington v. Bank, 75 Miss. 1; Trustees I. I. Fund v. Lewis, 34 Fla. 424, 16 South. Rep. 325. We are, therefore, not inclined to extend the principle so as to embrace county warrants, as to do so would in our judgment be contrary to the great weight of authority. What we have said disposes of the claim to recover under the second count.
The next question for decision is, can interest be recovered under the agreement declared upon in the first count? In Davidson County v. Olwill, 4 Lea (Tenn.), 28, it was
The judgment of the Circuit Court will be affirmed.