State Ex Rel. Alston v. Massenburg
Supreme Court of North Carolina
Civil ActiON upon the official bond of the defendant B. B. Massenburg, Clerk of Eranklin Superior Court, who had been appointed receiver of the estate of the infant wards of plaintiff, tried before Moore-, J., at January Term, 1899, of the Superior Court of said County. Upon the verdict of the jury in response to the issues submitted, both sides claimed the judgment of the Court. Judgment was rendered in favor of plaintiff, and defendants excepted and appealed.
1Opinion of the CourtMoNtgomKRt, J.
This action was brought by tire plaintiff against the defendants to recover1 of them an- amount of money on the alleged ground that the defendant Massenburg who, while Clerk of the Superior Court of Eranklin County, bad been appointed receiver of the estate of Willie Waugh, the plaintiff, had invested the money of the estate as such receiver without the advice of the Court, and that the money had been lost through the negligence of Massenburg in not taking proper security. The defendants admitted that the defendant Massenburg had received a certain amount of money .belonging to the estate of…
2Cases cited1 opinion
- Rountree v. . Barnett .Supreme Court of North Carolina · 1873