The Owosso times. (Owosso, Mich.) 1897-1926, 1908-02-21
Mccurdy Wins In the Circuit Court.
CONTINUED from page1)

ufeT, anu So dCCiuS, poiio"ou iiohi
said John T. McCurdy the further
sum of five thousand dollars and
gave a note therefor as follows:
"Corunna, Mich, October IS, 1901
"$5,0O0.OO.
March 1st, 1902. for value re-
ceived l promise to pay John T.
McCurdy DR. bearer, at his office in
the city of Corunna, the sum of five
thousand dollars, together with in'
terest thereon at the rate of six pc,
cent. per annum, from date until
paid. Authorized by the board of
supervisors.
(Signed) r. F. KAY,
"Shiawassee County Treasurer
Endorsed on the back. Interest
paid to March 1st, 1902" Interest
paid to May 1st, 1902" Interest
paid to October 1st, 1902" Stamp
ed across the face, paid Dec. 10,
1902, treasurer's Office, Shiawassee
county"
The above note was paid by re-
newal note as follows (Which is the
second of the two notes herein sued
upon}:
"Corunna, Michigan, Dec. Is, 1902.
"$5,O00.00.
zone year after date, for value
received, / promise to pay to John
T. McCurdy or bearer, at his office
in the city of Corunna, the sum of
five thousand dollars, together with
interest thereon at the rate of six
per cent per annum from date until
paid Authorized by the board OF
supervisors. This note is given as
renewal of a note of like amount
dated Oct. IS, 1901.
(Signed) RICHARD F. KAY,
County Treasurer.
"Seal of the treasurer of Shiawas-
see county, Michigan"
Acted in Good Faith.
The interest was paid on this note
by the treasurer to December Is,
1905, and endorsed thereon.
The moneys borrowed from Mr..
McCurdy, and for which notes were
given, were placed in the contingent
fund of the county and used to pay
the ordinary running expenses of the
county. October II, 1901, the board
of supervisors, at a regular meeting
with a. quoYum present, duly passed
the following resolutions:
con motion of supervisor Vert,
the county treasurer was authorized
to borrow necessary funds, not to ex-
coed ten thousand dollars"
The payments of interest by the
treasurer upon both the notes in suit
were by him reported to the board of
supervisors, which reports were refer
red by the board to it's regular COM
mittee on settlement with the county
treasurer, by said committee return
ed to the board with the recommend
alton that such report be accepted,
and approved, and it was duly &C
copied and approved.
The two loans, aggregating ten
thousand dollars, were also in due
course reported to the board by the
treasurer, by the board referred to its
regular committee on settlement
with the county treasurer, and by
said committee reported back to the
board with the recommendation that
such report be accepted and APPROX
ed, and the same was so accepted
and approved.
Both Mr.. McCurdy and the treas
urer acted in good faith in the entire
transactions. both understanding and
believing that the same were per-
fectly legal and binding.
Mr.. McCurdy had no knowledge
or notice whatsoever that the county
of Shiawassee made any claim what
soever that the statute of limitations
had run, or was running, against any
portion of his claim, until he was no
titled by his attorney that such stat
ute had been pleaded in this case.
Payment of Principal Refused.
December Is, 1905, at the time of
the last payment of interest on the
two notes, plaintiff had such notes
present with him at the Office Of the
treasurer of Shiawassee county, and
then asked the treasurer to pay the
principal of said notes, which the
treasurer refused to do on the ground
that the county had no funds with
which to pay the same, and also for
the reason that he had been enjoined
from paying the outstanding indebt-
edness of the county.
On the trial of this cause the plain
tiff produced the two notes in court
and surrendered them to the clerk to
be by him Cancelled upon the rendi-
ton Of judgment either for plaintiff
or defendant.
The plaintiff never appeared be-
fore the board of supervisors and ask
ed for the allowance Of his claim,
and never sought to have them audit
or provide for the payment of the
same.
The injunction restraining the
treasurer from paying any of the
outstanding Indebtedness of the
county was granted in cause to
which the plaintiff herein was not a
party.
OPINION
It Is the defendants first conten-