Trustees of Schools v. Central National Bank

Full title: Trustees of Schools of Township No. 20, Range No. 5, Whiteside County…

Court: Appellate Court of Illinois, Second District

Date published: Jan 14, 1942

312 Ill. App. 659 (Ill. App. Ct. 1942)

39 N.E.2d 64

Opinion

Gen. No. 9,730. (Abstract of Decision.)

Opinion filed January 14, 1942

SCHOOLS AND EDUCATION, § 157^_ — tax anticipation warrants properly retired. Where a suit was brought to recover the amounts paid by the township school treasurer to retire tax anticipation warrants on a charge the warrants were invalid because not executed by the school directors of the several school districts, and credit was extended to the treasurer and the money used by him for the school districts upon legitimate withdrawals, the circumstances justify the application of the principle of subrogation, and even if the warrants were invalid it would be unjust and unconscionable to allow the school districts to recover the moneys.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Whiteside county; Hon. LEONARD E. TELLEEN, presiding.

Judgment affirmed. Heard in this court at October term, 1941.

Ramsay, Bull Yost, for appellant;

Ward Ward, for appellee.

Opinion by JUSTICE DOVE.

"Not to be published in full." Opinion filed January 14, 1942.