State Ex Rel. Kivett v. Young

Citations

• 10 S.E. 1019
• 106 N.C. 567

Syllabus

<p>Official Bonds — Registration—Mistakes in Registration — Damages — Code—Former Decision.</p> <p>1. A Register of Deeds and surety renewed his official bond in December, 1885, conditioned to be void if he should safely keep the records and books belonging to his office, and at all times truly and faithfully discharge the duties of his said office during his continuance therein. In September, 1880, the relator delivered to him a deed of mortgage for registration to secure one thousand dollars, which was registered “one hundred dollars”: Held, in an action for damages for breach of the official bond on account of such misregistration, the plaintiff could recover.</p> <p>2. The words “ and faithfully discharge the duties of his office,” do not refer alone to the safe-keeping of the “records and books,” but to all other official acts, the non-performance of which results in injury.</p> <p>8. The Code, § 1888, enlarges the scope and purpose of official bonds, and is in accord with sound public policy.</p> <p>4. The former decisions of this Court on this subject are now construed in the light of this section (1883) of 'The Code.</p>