211 F. 873 | 3rd Cir. | 1914
In the court below, the plaintiff, James F. Stewart, a citizen of Pennsylvania, brought suit against the township of Riverside, a corporate citizen of New Jersey, to recover a balance alleged to be due for the construction of a sewerage system for the township under a written contract and for certain extra work in addition. The case virtually involved proofs as to the whole contract, and the taking thereof .occupied two weeks. The court, with the aid of counsel, then systematized the evidence, preparing tables showing what items were conceded, what were in question, and, when in question, the respective contentions of the parties. In this way the court in its charge started with a balance of $9,683.83 in favor of the plaintiff based on a final estimate of the engineer made April 15, 1910.
Under the charge of the court, the facts of the substantial performance of the contract by the plaintiff, that the extras were ordered by the township committee, in their corporate capacity, that they waived the contract requirement of written authorization and also waived and extended the contract date of performance, have all been settled in ' favor of the plaintiff by the verdict. The writ of error raises, however, certain questions of law to which we now turn.
“That it shall not be lawful for the board of chosen freeholders, or the township committee, or common council, or commissioners of any county, city, township, town or borough in this state to pay or disburse out of any of the moneys of the said county, city, or town, or township, or borough, to any person, unless the person claiming or receiving said moneys shall first present to the party or parties paying any such moneys a detailed bill of items or demand, specifying particularly how such bill or demand is made up, and the dates and the names of the persons to whom the amounts composing such bill or demand were severally paid, with the affidavit of the party claiming payment of said bill or demand that the same is correct, that any disbursing officer is authorized to take said affidavit without cost”
“The manifest purpose of the statute, viz., the enjoined payment of moneys without sworn proof of the correctness of the claim in detail, does not contemplate a case where the plaintiff’s claim is totally repudiated, and he is relegated to an action at law to prove it, wherein sworn proof of his claim in detail is necessary to reduce it to judgment.”
We find no error in the court’s so holding. Clearly this act was meant to create certain statutory requirements in the absence of which municipal boards could not pay public money to any one. It was meant to. cover cases where the money was being paid, to forbid its being paid until these statutory prerequisites were observed, and “to protect the body that audits its bills by giving them the protection of a sworn claim.” Wahl v. Atlantic City (N. J.) 85 Atl. 1024. The purpose of that statute to prevent improper municipal payments, and the mischief it was meant to prevent, had no application where such municipality was not only refusing to pay but denying liability. No reason is now suggested why a person, payment of whose claim is contested, should, in order to enable him to sue, b? required to present a verified statement thereof to the municipality. This holding has the support of Downie v. Passaic, 54 N. J. Law, 223, 23 Atl. 954, where the Supreme Court held that:
“The statutory prohibition seems to be applicable when a claim is undisputed ; a verification of an account can serve no useful purpose when the debt is wholly repudiated and the creditor is obliged to prove the justice of his demand in a court of law.”
Without entering into a detailed discussion of the other questions raised and ably argued by counsel, we content ourselves with saying that they have all been duly considered, with the result that we find no sufficient reason for disturbing this judgment; which was reáched after a patient and protracted trial and subjecting the parties to the expense, delay, and labor of another trial.
The judgment below is affirmed.