County Bd. of Educ. of Granville County v. State Bd. of Educ.
| Decision Date | 22 December 1890 |
| Citation | 12 S.E. 452,107 N.C. 366 |
| Parties | COUNTY BOARD OF EDUCATION v. STATE BOARD OF EDUCATION |
| Court | North Carolina Supreme Court |
Appeal from superior court, Granville county.
Action by the board of education of Granville county against the state board of education. Judgment for defendant, and plaintiff appeals.
Where the state board of education apportions a certain share of the school fund in its hands to a certain county, it holds such share for the benefit of the latter, and a subsequent payment of a part of such share to another county is a conversion, and the statute of limitation begins to run in favor of such state board, and against the former county, from the time such former county has notice thereof.
Robert W. Winston, for appellant.
J. B. Batchelor and John Devereux, Jr., for appellee.
On November 6, 1883, the defendant apportioned to the plaintiff $1,047, as its proportion of the school funds in its hands for distribution. On May 31, 1884, the defendant paid over $824.25 thereof to the county board of education of Vance county, and immediately notified the plaintiff thereof, and the plaintiff subsequently drew for and received the balance. This action was begun in September, 1888, to recover the $824.25. After the apportionment made in November, 1883, the defendant held the amount apportioned to the plaintiff for and in its behalf and subject to its requisition. The payment of $824.25 to Vance county was a conversion thereof, and the statute of limitations began to run from said payment and notice thereof given to plaintiff. "The trust was put an end to by the disavowal of the trustee." Robertson v. Dunn, 87 N.C. 195. It was certainly as distinct a disavowal as a demand and refusal could have been. As more than three years thereafter elapsed before the beginning of this action, the demand is barred. Code, § 155, subd. 4; Currie v. McNeill, 83 N.C. 176. This renders it unnecessary to consider the other exceptions in the record.
No error.
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