County of Lackawanna v. Duffy
Supreme Court of Pennsylvania
County of Lackawanna v. Duffy, 248 Pa. 575 (Pa. 1915)
94 A. 248; 1915 Pa. LEXIS 615
Brown, Frazer, Mosohzisker, Potter, Stewart
County of Lackawanna v. Duffy
Opinion of the Court
These two appeals are utterly without merit. The funds upon which interest was allowed by the several, banks did not belong to the appellant, and he could make no profit out of them. If he had contracted for interest to be paid to him, he would have been guilty of a misdemeanor: Act of March 31, 1860, P. L. 382, Sec. 63. What he could not have done directly, public policy will not permit him to do indirectly. The judgment in each case is affirmed.
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- Syllabus
- •Public officers — County treasurer — Interest on county funds — ■ Surcharge. The moneys of a county with which the county treasurer is entrusted do not belong to him but to the county, and any interest paid by the banks in which the said moneys are deposited belongs to the county and not to the treasurer.