Johnson v. Sch. Dist.

• Decision Date: 30 April 1878
• Citation: 67 Mo. 319
• Parties: JOHNSON, Plaintiff in Error v. SCHOOL DISTRICT.
• Court: Missouri Supreme Court

67 Mo. 319

JOHNSON, Plaintiff in Error

v.SCHOOL DISTRICT.

Supreme Court of Missouri.

April Term, 1878.

Error to Washington Circuit Court.--HON. LOUIS F. DINNING, Judge

Reynolds & Relfe for plaintiff in error, cited Page v. Tp. Bd. Education, 39 Mo. 264; Rice v. McClelland, 58 Mo. 121; Thompson v. Abbott, 61 Mo. 176.

Frank Harris with John L. Thomas & Bro. for defendant in error cited State v. Treasurer of Liberty Tp., 22 Ohio St. 144; The People v. Peters, 4 Neb. 254; Taylor v. Wayne, 25 Iowa 447; Jordan v. School District, 38 Me. 164; Clark v. School Directors, 78 Ill. 474.

HENRY, J.

L. B. Higginbotham, Minor A. Baker and Frank E. McGready, on the 25th of February, 1873, were local directors of district No. 1, (the defendant,) and on that day one M. S. Miller saw Higginbotham and Baker seperately, and they purchased of him maps, globes, &c., for the use of the district, and without any consultation with each other or with McGready, signed and delivered to said Miller, orders on the treasurer of the township for the price of said articles. There was neither a meeting of the board, nor even a meeting of or a consultation between the three directors or the two directors who made the purchase, nor at any subsequent meeting of the board was the contract thus made approved, nor was there any entry whatever made upon the records of the district in regard to the transaction. Miller assigned and delivered the orders sued upon to plaintiff, who paid for them a valuable consideration. In the circuit court in a suit instituted by plaintiff on these orders against the district, there was a judgment for defendant, and plaintiff has brought the cause here on a writ of error. The statute, section 8, page 1243, Wag., provides: “The local directors shall have care and keeping of the school house and other property belonging to the sub-district, and make all necessary contracts for providing, (among other things,) all necessary globes, maps, charts and other appliances for the school house, &c. They shall keep in a book provided for that purpose, a true and accurate account of all expenses incurred by them for the sub-district, which expenses shall be paid by the township clerk on the order of the clerk of the sub-district, out of any funds for that purpose belonging to the sub-district.” The 5th section, page 1242, requires the directors to meet within five days after their election, and organize by appointing one of their number clerk of the sub-district, and that he should also preside at the official meetings of the directors and record their proceedings in a book to be provided for that purpose, &c. It also provides that the directors may meet as often as they may deem it necessary for the transaction of business. It appears from the agreed statement of facts that McGready was clerk of the board, but the order was not signed by him.

It is clear that the members of the board in transacting business for the district were to do so in meetings of the board. In purchasing maps and globes, they could only act when assembled together in a meeting as the board of directors, and neither two nor all of the directors acting separately and apart from each other, could bind the district by any contract they might make. The directors were not authorized to draw orders on the township clerk or treasurer to pay for globes or maps, or any other expenses incurred for the district. The law expressly provides that the clerk of the sub-district shall sign such orders, and that they shall be drawn on the township clerk, and unless so drawn and signed the township clerk could not pay them.

Nor does the fact,...