Upton v. Slater

*374'The opinion of the court was delivered by '

Trenchard, J.

This suit was brought in the District Court by the plaintiff to recover damages against John J. Slater, the county cleric ,of Passaic county, and his sureties, on tiie theory that the clerk had negligently failed to properly index a mortgage delivered to him to. be recorded, and that ihe-plaintiff, relying upon the index, had in good faith purchased property covered by the mortgage, and was afterward compelled to pay such mortgage.

The appeal brings up for review the judgment rendered by the judge, sitting without a jury, in favor of the…