Smith v. Patton.
Supreme Court of North Carolina
Action by C. B. Smith, as executor, and others against P. W. Patton and others, heard by Judge W. B. Councill, at Spring Term, 1902, of the Superior Court of Burke County. From a judgment for the plaintiffs, the defendants appealed.
1Opinion of the CourtClark, J.
Under proceedings to sell land for partition, the commissioner paid the proceeds of the sale into the Clerk’s office, taking bis receipt therefor as Clerk. The Clerk deposited the same in the Piedmont Bank, which later failed, and the fund being impaired or lost, this action is to recover the amount so lost, from the Clerk, on bis bond.
It is settled in this State that the bond of a public officer is liable for money that comes into bis bands as an insurer, and not merely for the exercise of good faith. Presson v. Boone, 108 N. C., 78; Bd. Education v. Bateman, 102 N. C., 52; 11 Am. St. Rep.,…
2Cases cited17 opinions
- Brown v. . CobleSupreme Court of North Carolina · 1877
- State ex rel. Daniel v. GrizzardSupreme Court of North Carolina · 1895
- State Ex Rel . Bd., Com. of Bladen Co. v. . ClarkeSupreme Court of North Carolina · 1875
- Havens v. . LatheneSupreme Court of North Carolina · 1876
- Thomas v. . ConnellySupreme Court of North Carolina · 1889
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3Cited by17 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Daniel v. . GrizzardSupreme Court of North Carolina · 1895
- Rhea v. BrewsterSupreme Court of Iowa · 1906
- Gilmore v. . WalkerSupreme Court of North Carolina · 1928
- Marshall v. . KempSupreme Court of North Carolina · 1925
12 more not listed; retrieve them via the Exa API.