Threadgill Ex Rel. Hough v. Jennings
Supreme Court of North Carolina
Debt upon a bond given by John T. Scott and Hugh McKenzie, upon taking out letters of administration upon the effects of one Samuel Knox. Plea — Mon est factum.
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Debt upon a bond given by John T. Scott and Hugh McKenzie, upon taking out letters of administration upon the effects of one Samuel Knox. Plea — Mon est factum. On the trial, before Daniei, Judge, at Anson, on the last circuit, the plaintiff produced the bond, which turned out to be made payable to “ Thomas Threadgill, chairman, his executors, administrators, &c.” instead of “ his successors in office,” as prescribed by the act of 1791. (llev. c. 342.) There was no attesting witness to it; the plaintiff proved the hand writing of the obligors, anil the deputy clerk of the County Court swore…
1Opinion
It is not certain that the jury could not infer that the clerk was the agent of the plaintiff for accepting the delivery of the bond, although it be not strictly in the form required by the statute. The purpose of giving it is obvious from its terms. It was intended to have the same operation as one which conformed to the act of Assembly; and it is no great stretch to presume that the chairman of the court authorized the clerk to accept any obligation made to secure the faithful administration of the assets. But this case does not depend upon (387) the agency of the clerk; if he be a…
2Cases cited1 opinion
- Vanhook Ex Rel. Newbern Bank v. BarnettSupreme Court of North Carolina · 1833