Patterson v. Crawford

Riely, J.,

delivered the opinion of .the court.

W. E. Craig, who was appointed a special commissioner to collect^and disburse the proceeds of sale of certain of the parcels of land sold under decrees entered in this .cause, defaulted in the sum of $3,245.45. lie is dead, and his estate and the sureties on his official bond are wholly insolvent. The single question to be decided is: Upon whom must the loss resulting from the defalcation fall?

It is plain that the debtor is absolved from making good the loss, even if he has the means of doing so. Ilis lands were sold, and the proceeds of sale of…