Bourne v. Board of Financial Control for Buncombe County

Tbe question presented: Can tbe plaintiffs use past-due bonds of tbe county of Buncombe, owned at tbe commencement of tbe action, belonging to tbe estate of decedent, as a counterclaim against a promissory note executed by plaintiffs’ intestate and belonging to said county, or Board of Financial Control for Buncombe County? We think so, under tbe facts and circumstances of tbis case.

Tbe defendant Board of Financial Control for Buncombe County is created a corporation and, among other powers, is given tbe power “to sue and be sued” (sec. 1, ch. 253, Public-Local Laws 1931), and “to institute…