The books of Vance were not of themselves sufficient evidence to authorise the clerk and master to report in favour of the Complainant under the agreement set forth in the bill. The report must be set aside»
Johnston v. Donaldson, 4 N.C. 317, 1 Taylor 317 (1818)
Jan. 1818
·
Supreme Court of North Carolina
4 N.C. 317, 1 Taylor 317
JOHNSTON against DONALDSON, executor of CLARKSON.
c0^t are jut, ,¡. 1.0 a COnstable for collection toe books themselves jjence'that" the accounts authorise ™a»wrt<> gainsttheex. constable.^1*
This was a bill in equity cal ing upon the defendant as executor to account for monies 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 ty, 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 8 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 complainant from the defendant of ^386 8 1. 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 show that any account charged on the books was justly due, and the complainant did not, when he delivered the *318books to Clarkson, show that any part of the same was capable of being established by proof.