Rodgers v. Tindal

CLARK, Judge.

The question presented in this appeal is whether the trial court erred in entering the judgment in this action allowing the defendant to set off the amount owed by the decedent to defendant, at the time of the decedent’s death, against defendant’s debt *785owed to plaintiff for the post mortem purchase of assets in the decedent’s insolvent estate. We now reverse.

This case is controlled by Pate v. Oliver, 104 N.C. 458 (1889), in which an action was brought by the creditors of an intestate’s estate against the administrator of the estate on his administrator’s bond. At the time of his…