Pierce Butler

Name: Moore v. City of Nampa — Opinion of the Court
Author: Pierce Butler

Moore v. City of Nampa — Opinion of the Court

Summary

“Moore v. City of Nampa — Opinion of the Court”, is a work by Pierce Butler. It explores elements such as assessments, respondent and bonds.

Quotes from Moore v. City of Nampa — Opinion of the Court (Pierce Butler)

Pierce Butler, Moore v. City of Nampa — Opinion of the Court

“ Respondent created a district for the construction of a sewer to be paid for by assessments against the lands therein according to resulting benefits. The statutes require the city engineer to make estimates of the cost of such improvements, provide that no contract shall be made for any work for a price in excess of the estimate, and direct the city council to pass an ordinance defining the boundaries of the district, describing the work, and showing the estimated cost. ”

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Source: Wikisource

Pierce Butler, Moore v. City of Nampa — Opinion of the Court

“ It is clear that respondent's faith or credit is not pledged and that the value of the bond depends upon the validity and worth of the assessments. The transcript furnished the examining attorneys showed that the engineer's estimate was too low and that the bonds in question were based on assessments in excess of that amount. Petitioner treats the transcript and false certificate as if furnished to him. He is charged, as of the time he bought the bonds, with notice of the invalidating facts, and is held to have known the law. ”

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Source: Wikisource

Pierce Butler, Moore v. City of Nampa — Opinion of the Court

“ The officers who signed the certificate were not authorized to define the improvement district, make the assessment, issue or sell the bonds or to bind the respondent to pay for such improvements. It cannot reasonably be said that they are impliedly authorized to make any statement or give assurance in respect of such matters.
This action is not based on contract. Recovery is not claimed on the ground that respondent was empowered to pay for the work out of funds belonging to it or upon any promise that it would do so. ”

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Source: Wikisource

Pierce Butler, Moore v. City of Nampa — Opinion of the Court

“ The bonds were void, as held in the Lucas Case, because issued upon assessments made in excess of the engineer's estimate. On the facts disclosed by the complaint, actionable negligence cannot be predicated on the failure of respondent's officers properly to exert their powers and perform their duties in respect of the estimate, assessment, and contract for construction of the sewer. Such failure was not a breach of duty owed by respondent to petitioner. ”

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Source: Wikisource

Pierce Butler, Moore v. City of Nampa — Opinion of the Court

“ Petitioner avers that under this decision his bonds are worthless.
He insists that respondent was negligent in failing to have a proper estimate and valid assessments made and in causing the false certificate to be issued, and that the damages claimed were caused by the negligence and misrepresentation. The suit is for tort. The demurrer was rightly sustained, unless the complaint shows that a breach by respondent of some duty it owed petitioner caused the damage claimed.
Each bond states that respondent acknowledges itself to be indebted and promises to pay bearer the sum stated ”

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Source: Wikisource

Pierce Butler, Moore v. City of Nampa — Opinion of the Court

“ It remains to be considered whether petitioner may recover by reason of the certificate issued March 8, 1921, falsely stating that there was no suit in respect of the creation of the district, the construction of the sewer, or the issue of the bonds. No law required or authorized the making of any certificate. ”

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Source: Wikisource

Pierce Butler, Moore v. City of Nampa — Opinion of the Court

“ As no actionable negligence or misrepresentation is shown, the lower courts rightly held that no cause of action is stated in the complaint. We find no conflict between the decision of the Circuit Court of Appeals in this case and the decisions referred to in the petition for this writ. ”

Pierce Butler

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