The question involved: T. D. Stepp, as purchasing-agent and chairman of the board of county commissioners for Henderson County, purchased from a local dealer an Iron Fireman Automatic Coal Burner for East Flat Eock School in said county, and executed a note “East Flat Eock School, by T. D. Stepp, Henderson County purchasing agent.” T. D. Stepp has no connection with the board of education of Henderson County. Is this note binding on Henderson County? We think not.
The defendant Henderson County demurred ore tenus to the complaint filed. The court below sustained the demurrer and in this we can see no error.
Board of Education v. Walter, 198 N. C., 325, in substance decides: “The board of education of a county is required in its large discretion to provide suitable supplies for the public schools of the county out of funds provided by taxation by the county commissioners in the manner *24prescribed by statute, and when funds have been provided as the statutes direct the purchases by the county board of education within its appropriation are to be paid upon its voucher out of the funds so appropriated, and the board of county commissioners may not usurp the power of the board of education to make such purchases under a resolution consolidating purchases of supplies for all departments of the county government under the provisions of chapter 146, Public Laws of 1927, the county board of education not being a department of the county government within the intent and meaning of the act.”
This Court has further held that under C. S., 5429, even the right to select a janitor for school buildings is not up to the local school committee, but exclusively in the hands of the board of education. Wiggins v. Board of Education, 198 N. C., 301. Elliott v. Board of Equalization, 203 N. C., 749.
C. S., 3033, is as follows: “A holder in due course is a holder who has taken the instrument under the following conditions: (1) That the instrument is complete and regular upon its face; (2) that he became the holder of it before it was overdue and without notice that it has been previously dishonored, if such was the fact; (3) that he took it for good faith and value; (4) that at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.” To constitute a holder in due course it is required that the instrument be endorsed. C. S., 3010; Bank v. Yelverton, 185 N. C., 314.
The plaintiff alleges that he is a “holder of said note in due course” and sets forth the note as part of the complaint. From a careful inspection of the note as set forth we can find no endorsement of same. Then again plaintiff witnessed the note 'that defendant Henderson County in law had no power to execute and in fact did not execute. The plaintiff is presumed to know the law. It behooves public officials to■ follow the law as written. This is the only safe course and those dealing with the officials must take notice of the power and authority conferred on them by the statutes. Fidelity Co. v. Fleming, 132 N. C., 332, Commissioners of Brunswick v. Walker, 203 N. C., 505, Commissioners of Brunswick v. Inman, 203 N. C., 542.
The plaintiff in his brief cited no statute or decision to support his contention. The judgment of the court below is
Affirmed.