Rensselaer Semi-Weekly Republican, Volume 40, Number 75, Rensselaer, Jasper County, 22 May 1908 — A Hard Ruling for Phillip McNay. [ARTICLE]

A Hard Ruling for Phillip McNay.

The case of the town of Lowell vs. Phillip McNay, an ex-town trustee, ha*' after a long time been decided against: the defendant in the appellate court, which means perhaps S2JM)O before the judgment and costs are squared. The facts in the case are that McNay, while acting as trustee to the town supplied the corporation with coal and drayage in the sum of (1,333.84. Judge Hadley in deciding the case in the higher courts, says "a city or ! town official selling supplies to his city or town must lose the property, and repay the money he received for It, however honest his purpose.” He further says that McNay must pay baek all the money he received although his coal had been burned in running the water works and light plant for the city. The judge further says: "Appellant was a trustee of the town and as such trustee it was his duty to inform himself and to keep himself Informed of the necessities of the town. He knew or ought to know, of the dependence of the people upon the constant operation of the whter and light plant. He knew that this plant he could not run without fuel and It was his duty to know the capacity of its coal bins; if these bins were not large enough to insure a constant supply it was his duty along with the other trustees to enlarge them to an adequate capacity. * * * But he did nothing, content taf let the shortage occur again and again and at each time sell his own coal In open violation of the law. This he can not do’ and obtain the protection of the courts. He can not by his own carelessness and neglect produce a condition that raises a necessity and provide for that necessity out of his own goods, and claim compensation on account of the emergency his own acts created.” The statute under consideration covers contracts by any and all officers of cities, and towns and there are similar statutes applying to contracts by county, township and state officers. ' •

This case to recover for the town of Lowell has been fought by the law firm of Francher & Pat tee, who first won in the lower court, and the final decision in the appellate court adds to their victory. ,