Henry v. . Rich
Supreme Court of North Carolina
Action for money, tried before Jlewry, at December Special Term 1869 of Buncombe Court. Tbe plaintiff alleged, that whilst tbe defendant, as Deputy Sheriff, bad in bis bands executions against him, amounting to more than $420, be bad paid him $420, to be applied to these, and that defendant promised, that if not so appbed, be would return it; and set forth in bis complaint, a receipt signed by tbe defendant, dated 13th September 1862, as follows: “Deceived of William L.…
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Action for money, tried before Jlewry, at December Special Term 1869 of Buncombe Court. Tbe plaintiff alleged, that whilst tbe defendant, as Deputy Sheriff, bad in bis bands executions against him, amounting to more than $420, be bad paid him $420, to be applied to these, and that defendant promised, that if not so appbed, be would return it; and set forth in bis complaint, a receipt signed by tbe defendant, dated 13th September 1862, as follows: “Deceived of William L. Henry, Pour Hundred and twenty Dollars, on judgments in my bands against him also, that he had not so applied it, and had…
1Opinion of the CourtBeads, J.
If the facts were as alleged by the plaintiff, oí-as found by the jury, the plaintiff is not entitled to recover. If the defendant, as deputy sheriff, had executions in his hands against the plaintiff, to the amount of $420, he was ■entitled to collect the amount out of the plaintiff, and it was the duty of the plaintiff to pay it, and the moment he did pay it, it was in contemplation of law applied to the satisfaction of the executions.
When the plaintiffs in the executions attempted, as they have done, to renew the executions against the present plaintiff it was his right to rely upon the…
2Cited by5 opinions
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