Havens v. . Lathene
Supreme Court of North Carolina
MotioN, for Summary Judgment, after notice, against the Clerk of the Superior Court of Beatjeobt County, and the sureties on his official bond, heard before Mooee, J., at Spring Term, 1876, of said Court. At Fall Term, 1872, a decree was made in the above entitled cause, ordering the sale of certain property in the town of Washington, for partition, and George L. Windley was appointed Commissioner to sell and report to the following Term.
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MotioN, for Summary Judgment, after notice, against the Clerk of the Superior Court of Beatjeobt County, and the sureties on his official bond, heard before Mooee, J., at Spring Term, 1876, of said Court. At Fall Term, 1872, a decree was made in the above entitled cause, ordering the sale of certain property in the town of Washington, for partition, and George L. Windley was appointed Commissioner to sell and report to the following Term. At Spring Term, 1873, the report was made and confirmed, and it was “ ordered that the Clerk collect the purchase money, when due, and make title.” The…
1Opinion of the CourtPearson, C. J.
His Honor took a wrong view of the case, and made it turn upon an immaterial circumstance without reaching the merits. Whether Windley deposited the money in bank to his own credit, or to his credit as Clerk, made no substantial difference; for, in either case, the money was equally exposed to be lost by the failure of the Bank, and could as readily be drawn out by him; in the latter case all he had to do was to add the word “ Clerk” to his name on the check. True, this fact made it easier to trace the fund, and might have become important had Windley failed, but it could make no sort of…
2Cases cited1 opinion
- State Ex Rel . Bd., Com. of Bladen Co. v. . ClarkeSupreme Court of North Carolina · 1875
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