Opinion · Nclaw North Carolina
JOHNSTON v. DONALDSON, 4 N.C. 727 (1818)
JOHNSTON v. DONALDSON, Ex’[r, x] OF CLARKSON. — TERM, 317., 4 N.C. 727 (N.C. 1818)
- Type
- Opinion
- Court
- Nclaw North Carolina
- Jurisdiction
- Nclaw
- Date
- 1818-01-01
- Topic
- general
JOHNSTON v. DONALDSON, 4 N.C. 727 (1818) JOHNSTON v. DONALDSON, EXECUTOR OF CLARKSON. — TERM, 317.Supreme Court of North Carolina (January Term, 1818.) Where account books are put into the hands of a constable for collection, the books themselves are not evidence that the accounts are due, so as to charge the constable. BILL in equity calling upon the defendant as executor to account for moneys collected by his testator for the use of the complainant, under the following circumstances: Vance was indebted to the complainant, and to secure the payment of the money, assigned over his books and accounts, with authority to collect the sums due. The complainant placed these books and papers in the hands of Clarkson, at that time a constable in the county, who, for a specified sum, agreed to collect as many of the book debts as possible and take bonds for the residue.
Citator
UpLaw has not yet analyzed JOHNSTON v. DONALDSON, 4 N.C. 727 (1818). The absence of a flag is not a finding that it is good law.
JOHNSTONv. DONALDSON,4 N.C. 727(1818)
JOHNSTON v. DONALDSON, EXECUTOR OF CLARKSON. — TERM, 317.
Supreme Court of North Carolina
Where account books are put into the hands of a constable for collection, the books themselves are not evidence that the accounts are due, so as to charge the constable.
BILL in equity calling upon the defendant as executor to account for moneys collected by his testator for the use of the complainant, under the following circumstances: Vance was indebted to the complainant, and to secure the payment of the money, assigned over his books and accounts, with authority to collect the sums due. The complainant placed these books and papers in the hands of Clarkson, at that time a constable in the county, who, for a specified sum, agreed to collect as many of the book debts as possible and take bonds for the residue. Upon the answer coming in, the matter was referred to the master, who reported that there was £ 757 8s. due according to Vance's books, and after deducting the payments proved to have been made to Vance before the assignment, the compensation agreed to be given to Clarkson, and the notes deposited in the office, found a balance due the complaint from the defendant (728) of £ 386 8s. 1d. An exception was taken to the report of the master, because he charged the defendant with the sum appearing to be due on Vance's books, although no testimony was produced to show that any account charged on the books was justly due, and the complainant did not, when he delivered the books to Clarkson, show that any part of the same was capable of being established by proof.
DANIEL, J.
The books of Vance were not of themselves sufficient evidence to authorize the clerk and master to report in favor of the complainant under the agreement set forth in the bill. The report must be set aside.
NOTE. — SeeState Bank v. Clark,8 N.C. 36.Page 13