Opinion

Miami Bank & Trust Co. v. Board of Public Instruction

  • 76 Fla. 531
  • 80 So. 307
Court
Supreme Court of Florida
Filed
Dec 13, 1918
Status
Published
On the bench
Browne, Ellis, Tatlor, West, Whitfield
Cited by
1 cases
Authority
More cited than 49.8%

The opinion

Per Curiam.

Appeal from an order sustaining a demurrer to the bill of complaint of Miami Bank & Trust Company against The Board of Public Instruction for Broward County; Fort Lauderdale Special Tax School District Number Three of Broward County; Biscayne Con *532 struction Company, and Walter C. D'eGarmo, for an accounting for money advanced and paid out to the construction company On account of a contract for the construction of a school building in Broward county, and for an injunction to restrain the Board of Public Instruction from disbursing for any other purpose the money raised' by the pubic for the purpose of constructng the school bulding and to declare a lien upon the said fund. The demurrer was general. There is equity in the bill. The fund was created for a particular purpose, mm: the construction of the .school building, the certificates of indebtedness issued against it for the construction of the building was the method adopted for paymeht of the work as it progressed; the fund' has not been exhausted nor impaired, although there has been a partial substitution of one fund for another. The Board of Public Instruction for Broward County are trustees of the fund under the allegations of fact .set forth in the bill charged with the disbursement of it for the purpose for which it was raised. The demurrer should have been overruled.

The order is reversed.

Browne, C. J., and Tatlor, Whitfield, Ellis and West, J. J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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