Page:North Dakota Reports (vol. 1).pdf/507

 S. 341; Gold Mining Co. v. Nat. Bk., 96 U.S. 640; Nat. Bk. v. Matthews, 98U.8S. 621. The great majority of the state courts are now in line with the decisions of the Supreme Court of the U. S., at least so far as contracts made without authority merely, are concerned. Perkins v. Ry. Co., 47 Me. 575; Ossipee Mfg. Co. v. County, 54 N. H. 295; Ry. Co. v. Proctor, 29 Vt. 93; Dill v. Wareham, 7 Metc. 438; Monumental Nat. Bank v. Globe Works, 101 Mass. 57; Attleborough Nat. Bank v.Rogers, 125 Mass. 339; Phil. Loan Co. v. Towner, 13 Ct. 249; Hood v. Ry. Co., 22 Ct. 1; Converse v. Railway Co., 33 Ct. 166; Silver Lake Bank v. North, 4 John. Ch. 370; Third Av. Savings Bank v, Dimock, 24 N. J. Eq. 26; Allegheny City v. McClurken, 14 Pa. St. 81;. Penn. Del. etc. Co. v. Dandridge, 8 Gill & J., 248; Boyce v. Trustees M. E. Church, 46 Md. 359; Bank v. Hammond, 1 Rich, Law, 281; City Fire Ins. Co. v. Carrugi, 41 Ga. 660; Screven Hose Co. v. Philpot 53 Ga. 625; Hazlehurst v. Savannah R. R. Co., 43 Ga. 13; So, Life Ins. Co. v. Lanier, 5 Fla, 110.

Upon the right to recover in this action for money lent and advanced, see Bicknell Adm’r v. Widner, 73 Ind. 501; Tracy v. Talmage, 14 N. Y. 162; Custer v. Leavitt, 15, N. Y. 9.

F. H. Remington, John S. Watson and C. M. Hertig for respondent.

Mr. Remington argued: If the district had not the power to make, or to direct the making of the contract, it is obvious that it had not power to ratify. Hodges v. City of Buffalo, 2 Denio 110; 1 Dillon, Mun. Cor. § 463, 3d Ed. This will undoubtedly be conceded.

The supreme court of the territory expressly held in the case of F. & M. Nat. Bank v. School District 53, supra, that neither the school board nor the school district had power to incur the indebtedness, because it exceeded the maximum of taxes that could be levied and collected in any one year. The decision in the companion case, Capital Bank v. School District 85, 42 N. W. Rep. 774, is in entire harmony with that view. The latter case simply holds that inasmuch as the taxes which could have been levied between the date of the warrants and the date of ratification would have been sufficient to pay the warrants, the district