#### TOWN OF HILLSBORO v. THE MERCHANTS AND FARMERS BANK AND THE MARYLAND CASUALTY COMPANY.

(Filed 28 April, 1926.)

Appeal and Error — Divided Count — Judgment.

The judgment of the Superior Court stands as the law of the case when the Justices of the Supreme Court are equally divided in their opinion, one of them having been of counsel and taking no part therein.

Appeal by plaintiff and defendant, the Maryland Casualty Company, from Grady, J., at September Term, 1925, of Orange.

Affirmed.

From judgment rendered herein, that the town of Hillsboro recover from the Merchants and Farmers Bank the sum of $1,215.97, and interest thereon from 11 June, 1923, and costs, plaintiff and defendant, Maryland Casualty Company, appealed.

Gattis & Gottis and.A. H. Graham for plaintiff.

W. S. Lockhart for Merchants and Farmers Bank.

Graige & Graige and Fuller & Fuller for Maryland Casualty Company.

Per Curiam.

The .Court being evenly divided in opinion, Brog-den, J-., having been of counsel for the defendant, Merchants and Farmers Bank, in the trial below, not sitting, the j’udgment of the court below is affirmed and stands, as the decision in this case without becoming a precedent, McCarter v. R. R., 187 N. C., 863.

Affirmed.