141 Ga. 808 | Ga. | 1914
This is an action against a clerk of the superior court and the sureties on his official bond, to recover damages alleged to have occurred because of the failure of the clerk to record the plaintiff’s materialman’s lien until after the time provided by law' for the record of such lien had expired. The court granted a nonsuit, and exception is taken to that judgment. It appeared, upon the trial, that the building committee of the Farmer’s Supply Company, a corporation, entered into a contract with George L. Adams, for the construction of certain stores at the agreed price cf $12,000. The plaintiff sold to the contractor certain materials amounting to the principal sum of $484, which were used in the construction of the building, the last item being furnished on No-, vember 24, 1906. On February 21, 1907, the plaintiff, through its president, filed for record with the clerk of the superior court of Tattnall county its claim of lien agáinst the Farmer’s Supply Company for the materials furnished the contractor. At the time of filing the claim of lien the president of the plaintiff corporation told the clerk that the time allowed for recording would expire in a few days, and impressed upon him the necessity of an immediate record. He paid the clerk his fee. The claim of lien was not recorded until March 18, 1907, which was a date subsequent to the time allowed by law for the record of the lien. In November, 1907, the plaintiff instituted a.proceeding in the superior court of Tattnall county against the Farmer’s Supply Company, a corporation of Tattnall county, to foreclose its materialman’s lien upon the property improved. In April, 1909, this suit was amended by making Adams, the contractor, who was a resident of Montgomery •county, a party defendant. After the amendment Adams acknowledged service and waived process. The suit eventuated in a verdict in favor of the materialman against the contractor for the sum of $484.60, principal, and $99.45, interest to date, and in favor of the Farmer’s Supply Company. The judgment which the plaintiff recovered against Adams has never been satisfied; and Adams at the time of the institution of the proceeding against the owner of the premises, as well as'at'all subsequent times, was insolvent.
' It is further contended that the plaintiff failed to make out a. case, for the reason that the contract for the construction of the improvement was made with the building committee of the corporation. The contract was between the contractor and “the building committee of the Farmer’s Supply Company, composed of” certain named persons. When the building committee contracted for the erection of the building they were acting for and in behalf
Judgment reversed.