A. H. Andrews & Co. v. Curtis

A. H. Andrews & Co. v. John Curtis Et Al., Trustees

A. H. Andrews & Co. v. Curtis, 23 S.W. 72 (Tex. App. 1893)

Court: Court of Appeals of Texas · State Appellate Courts
Decided: March 30, 1893
Docket: No. 748.
Judges: Stephens
Citations: 23 S.W. 722 Tex. Civ. App. 6781893 Tex. App. LEXIS 166

Headnotes

School District—Power of Trustees to Contract Debt for School Furniture.—Under the school law of 1884, the trustees of a public school district were not authorized to bind the district by a note given for school furniture; nor would the district be liable therefor on a quantum meruit because the furniture had been received and used.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Stephens

STEPHENS, Associate Justice.

This case went off on demurrer. Appellant, a corporation chartered in Illinois, sued the trustees of a school district in Clay County on a promissory note executed by their predecessors, under the school law of 1884, for school furniture for said district; alleging that the furniture was necessary, and that the school community continued to use it, etc., and praying in the alternative to recover on a quantum meruit.

We are of opinion that the law did not authorize the trustees to bind the school district in the manner alleged, and that appellant’s only remedy was to recover the furniture. We are confirmed in these views by the case cited by appellant from the Supreme Court of the State of its domicile, which decides both propositions squarely against it. Clark v. School District, 78 Ill., 474 .

The judgment will be affirmed.

Affirmed.

Delivered March 30, 1893.

A motion for rehearing was overruled.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 18 cases

View all citing references →

Relies on it most ⓘ

Hail v. Nashville Trust Co.212 S.W.2d 51 (Tenn. Ct. App. 1948)
Mason v. Pearson668 S.W.2d 656 (Tenn. Ct. App. 1983)
Fransioli v. Podesta134 S.W.2d 162 (Tenn. 1939)
Pfaff, Administratrix v. Clements213 S.W.2d 356 (Ark. 1948)
Tallent v. Sherrell184 S.W.2d 561 (Tenn. Ct. App. 1944)
Butler v. Parker293 S.W.2d 174 (Tenn. 1956)

Most recent

Carroll Independent School District v. Northwest Independent School District, Josh Wright, Mark Schluter, Steve Sprowls, Judy Copp, Ann Davis-Simpson, Lillian Rauch, and Ryder Warren, in Their Official Capacities OnlyNo. 02-18-00264-CV (Tex. App.—Fort Worth July 1, 2021)
Mason v. Pearson668 S.W.2d 656 (Tenn. Ct. App. 1983)
Wolfe v. Hammer303 S.W.2d 716 (Tenn. 1957)
Butler v. Parker293 S.W.2d 174 (Tenn. 1956)
Pfaff, Administratrix v. Clements213 S.W.2d 356 (Ark. 1948)
Graybar Electric Co. v. New Amsterdam Casualty Co.211 S.W.2d 903 (Tenn. 1948)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Clark v. Sch. Directors, 78 Ill. 474 (1875)	16

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list