Packard v. Town of Bovina
Cases that cite this one
3 later published cases cite this decision.
- Schriber v. Town of Richmond (Wis. 1888)
- Schloss v. Board of Co. Commissioners (Colo. App. 1891)
- Schloss v. Board of Co. Commissioners (Colo. App. 1891)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The judgment in this case must be affirmed. A town is not liable on an order drawn on its treasurer, until the order has been presented for payment,- and payment refused. It is like a bill of exchange or check. There is no default until the drawee has refused payment.
A demand being necessary, it would scarcely be insisted that a demand upon the treasurer’s boy, fourteen or fifteen years old, at the barn, and in the absence of the treasurer, was any demand upon him.
By the Court. — Judgment affirmed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.