11 S.E. 177 | N.C. | 1890
1. That when the money was first received by J. B. Connelly, it was the property of the heirs at law of A. A. Sharpe.
2. That to entitle the plaintiff to recover, he must show a conversion of the money after November Term, 1885, of Iredell Superior Court, and before the first Monday in December, 1886.
3. That there is no presumption as to the time of the conversion until after a demand, and there being no demand made in this case of J. B. Connelly, the plaintiff must show a conversion before the 1st of December, 1886, to entitle him to recover.
Verdict for plaintiff. Appeal by defendant.
By the decree of August Term, 1885, the fund was paid into the Clerk's office by judicial order, to abide further directions of the Court. This made the Clerk, on his official bond, responsible for its safe-keeping. Thomas v. Connelly,
Affirmed.
Cited: Presson v. Boone,
(90)