Coltraine v. . McCain
Supreme Court of North Carolina
Trespass vi et armis, tried before his Honor Judge Norwood, at Randolph, on the fall circuit of 1829. Upon the plea oí not guilty, the case was, that the plaintiff, as administrator of one William Coltraine, brought an action in the County Court of Randolph,, against one John Ramsour, on a bond made payable to his intestate, in which judgment was rendered in favor of Ramsour.
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Trespass vi et armis, tried before his Honor Judge Norwood, at Randolph, on the fall circuit of 1829. Upon the plea oí not guilty, the case was, that the plaintiff, as administrator of one William Coltraine, brought an action in the County Court of Randolph,, against one John Ramsour, on a bond made payable to his intestate, in which judgment was rendered in favor of Ramsour. The defendant, who was deputy clerk of Randolph County Court, issued an execution against “the goods “ and chattels, lands and tenements of Daniel Coltraine “ administrator of William Coltraine” for all the costs which…
1Dissent
Hall, Judge,
dissentients. — But few cases are to be found in point to govern the present question. It must therefore be decided upon general principles, and its analogy to other cases.
It was decided by three judges against the opinion of Lord Holt, that an action would not lie against the postmaster general, for the loss of a letter covering exchequer bills, delivered at a post office to his deputy. It *314was sait] that it was not like the case of common law officers, where the superior answers for the inferior. That every post-master in his office was as much an of-ficcr as the post-master…
2Cases cited3 opinions
- M'Intyre v. TrumbullNew York Supreme Court · 1810
- Owens v. GatewoodCourt of Appeals of Kentucky · 1817
- Draper v. ArnoldMassachusetts Supreme Judicial Court · 1815