DocketNumber: Appeal, No. 56
Citation Numbers: 280 Pa. 601, 125 A. 310, 1924 Pa. LEXIS 559
Judges: Frazer, Kephart, Moschzisker, Sadler, Schaffer, Simpson, Walling
Filed Date: 5/28/1924
Status: Precedential
Modified Date: 11/13/2024
Opinion by
On January 30, 1922, a private banking institution, located in Crawford County and known as “The Bank
It is strenuously contended for plaintiff that, inasmuch as the defendant received the proceeds of the notes, a recovery should be allowed for money had and received. It may be pertinent to say that plaintiff’s statement makes no such claim, and, except possibly as to the first loan, it could not avail if it did, for there is no implied contract to pay a debt created in violation of the Constitution (Kreusler v. McKees Rocks Sch. Dist., 256 Pa. 281; Thomas v. City of Richmond, 79 U. S. 349), and the fatal outstanding objection to plaintiff’s claim is that it is founded upon loans made to the defendant in manifest violation of article IX, section 8, of the state Constitution, which provides that: “The debt of any county, city, borough, township, school district or other municipality or incorporated district, except as herein provided, shall never exceed seven per centum upon the assessed value of the taxable property therein, nor shall any such municipality or district incur any new debt, or increase its indebtedness to an amount exceeding two per centum upon such assessed valuation of property, Avithout the assent of the electors thereof at a public election in such manner as shall be provided by law.” At the time each loan here in question was made, except the first, the indebtedness of the defendant was beyond the constitutional limit. In 1917 the assessed value of the taxable property in defendant school district was $231,-694, which, at the two per cent limit, authorized an indebtedness of $4,633. At that time its interest bearing debt was $8,500. Approximately the same condition existed in 1918. In 1919, the assessed value of its taxable property was $276,664, which authorized an indebtedness of $5,532, while its interest bearing debt was $13,500. In 1920 the assessed value of its taxable property was $276,185, which, at the same rate, authorized an indebtedness of $5,523, while its interest bearing debt was $16,618. In the last named year the electors, for
It is urged for plaintiff that the funds for which the notes were given were advanced by the bank in cashing warrants which defendant issued in good faith for current expenses and did not amount to an intentional, or unlawful, increase of indebtedness, and that the case falls within the rule stated in Addystone Pipe & Steel Co. v. City of Corry, 197 Pa. 41, Gable v. Altoona, 200 Pa. 15, Rettinger v. Pittsburgh S. Board, 266 Pa. 67, to the effect that where the municipality at the time of incurring the obligation provides in good faith for its payment from taxes assessed or other current revenues, which provision fails by reason of some unexpected occurrence, the obligation is collectable although the effect may be to increase the municipal indebtedness above the constitutional limit. • The instant case, however, does not fall within that rule, for the school district took no step by tax levy or otherwise to create a fund for repayment of the loans in question, and had no means of so doing. In fact, the taxing power of the district and all other sources of income were wholly insufficient to defray current expenses and repay the loans. For example, take the year 1919, when the total receipts of the district from all sources were $9,272, and had the tax levy been the limit then allowed by law (20 mills) could not have exceeded $11,888, all told, while the current expenses were $14,686. It will be recalled from the figures
Of course, a municipality may create debts within its current revenues, regardless of existing indebtedness: (Appeal of the City of Erie, 91 Pa. 398; Wade et al. v. Borough et al., 165 Pa. 479), but cannot go beyond, even where payment is to be made solely out of a specially designated income: Lesser v. Warren Boro., 237 Pa. 501; McKinnon v. Mertz, 225 Pa. 85; Brown et al. v. Corry, 175 Pa. 528; and see City of Santa Cruz v. Wykes et al., 202 Fed. 357, 375. A municipality must live within its means-and can no more increase its indebtedness, beyond its actual or expected annual income, for payment of current expenses, than for any other purpose. It is the increase of indebtedness that is forbidden regardless of the object to be accomplished thereby. In 1920, the electors of the defendant district could have validated the existing indebtedness up to seven per cent (Rettinger v. Pittsburgh S. Board, supra; Bell v. Waynesboro Borough, 195 Pa. 299), but instead voted to increase the borrowing power of the district to that limit to build an addition to the school house. The fund so obtained could be used for no other purpose: Major v. Aldan Boro., 209 Pa. 247. In fact, pursuant to such election, bonds to the par valué of $12,500 were issued to raise funds to build the addition. Possibly some of the bank’s $20,000 loan of December, 1920, was used for the same purpose, but that is not clear, and, in any event, the district’s indebtedness was then above the seven per cent limit.
The assignments of error are overruled and the judgment is affirmed.
Pittsburgh Paving Co. v. Pittsburgh , 332 Pa. 563 ( 1938 )
Georges Township v. Union Trust Co. , 293 Pa. 364 ( 1928 )
Innes v. Nanticoke City School District , 342 Pa. 433 ( 1941 )
Chester School District's Audit , 301 Pa. 203 ( 1930 )
In Re: Appeal of Sykesville Borough , 1927 Pa. Super. LEXIS 195 ( 1927 )
Charleroi Lumber Co. v. Bentleyville Borough School District , 334 Pa. 424 ( 1939 )
Athens National Bank v. Ridgebury Township , 303 Pa. 479 ( 1931 )
Bruner to Use v. Kendall, Trustee , 148 Pa. Super. 192 ( 1941 )
Battle, Admrx. v. Prud. Ins. Co. , 148 Pa. Super. 525 ( 1942 )
Price v. Taylor Borough School District , 157 Pa. Super. 188 ( 1945 )
Myers v. Marquette , 311 Pa. 198 ( 1933 )