Lansdell v. . Winstead
Supreme Court of North Carolina
Administrator — Aeeount. and Settlement — Praetiee. Civil Actios, brought by plaintiff against defendaut as Surety upon the Bond of one John Gf. Uillihay, Administrator de bonis non of George T. Fulcher, tried at Fall Terra, 1876, of PERSON Superior Court, before Kerr, J. The facts appear in the opinion. The defendant filed a demurrer to the plaintiffs complaint, which Ilis Honor sustained and gave judgment that the action be dismissed. Appeal by plaintiff.
1Opinion of the CourtBynum, J.
The case is before us on two questions raised by the demurrer to the complaint.
I. Is a sufficient cause of action set out in the complaint? George T. Fulcher died intestate in 1860, and Eliza Fulcher administered upon his estate. Having partly administered, Eliza died in 1861, and John G. Dillihay became administrator de bonis non of the estate of G. T. Fulcher and gave the usual bond with the defendant, Winstead, as surety thereon ; and this is the bond now in suit. Dillihay collected a note of $1.0 lO belonging to the estate and having wasted the money lie died insolvent and the present…
2Cited by12 opinions
- Merrill v. . MerrillSupreme Court of North Carolina · 1885
- Ellyson v. LordSupreme Court of Iowa · 1904
- Spivey v. GodfreySupreme Court of North Carolina · 1963
- Rudisill v. HoyleSupreme Court of North Carolina · 1961
- Ham v. . KornegaySupreme Court of North Carolina · 1881
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