County Board of Education v. State Board of Education

Clark, J.: On November 6th, 1883, the defendant apportioned to the plaintiff $1,047 as its proportion of the school funds in its hands for distribution. On May 31st, 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 ánd 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 limitation 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. The Code, § 155 (4); Currie v. McNeill, 83 N. C , 176. This renders it unnecessary to' consider the other exceptions in the record. Per Curiam. • No error.