Public-domain · open source
OpenJurist

78 N.H. 147

97 A 746

Foss v. Place

Supreme Court of New Hampshire

Decided April 4, 1916

Supreme Court of New Hampshire · decided 1916-04-04

Bill in Equity, by the plaintiff individually as a taxpayer and officially as the mayor of Dover against the police commissioners and the chief of police of the city, to restrain the defendants from seeking to appropriate the funds of the city to the payment for an automobile patrol wagon. The defendants purchased the wagon intending to use the city’s money in payment therefor.

Cited by 2 later decisions — most recently November 1922

2 state decisions

Relies on Williams v. Mathewson · Perkins v. Foye · Claremont v. Rand

Good law ✅— No negative treatment on recordhow we know

Decided 1916-04-04

View the full empirical analysis of this case →

Walker, J.

¶1 So far as appears from the case the plaintiff is not entitled to relief in equity. If the defendants had no authority to purchase the automobile for the use of the police department of Dover or to pledge the credit of the city to pay for it, the plaintiff as the mayor of the city and as its representative has the power *148 under the city ordinances to refuse to draw his warrant for the payment for the machine. His injunctive power is adequate to prevent the application of the public funds to this purpose, until the right of the defendants to reimbursement is established by appropriate proceedings at law. No irreparable injury will result. Perkins v. Foye, 60 N. H. 496; Williams v. Mathewson, 73 N. H. 244; Claremont v. Rand, 76 N. H. 116. Under these circumstances it is not advisable to consider at this time the question argued by counsel. No reason appears why the bill should not be dismissed.

¶2 Case discharged.

All concurred.
/78/nh/147 · .json · Public domain