Riddick v. . Moore
Supreme Court of North Carolina
Thiswas a civil action tried before Pool, J., at Spring Term, 1871, of Hertford Superior Court. The plaintiff declared upon a simple bond which defendant owed him. The defendant answered that he had paid off and discharged said bond. At the trial Term, the defendant, by leave of the Court, filed a supplemental answer in which he alleged that the plaintiff and another person, gave their single bond to one Robt.
Read the full summary
Thiswas a civil action tried before Pool, J., at Spring Term, 1871, of Hertford Superior Court. The plaintiff declared upon a simple bond which defendant owed him. The defendant answered that he had paid off and discharged said bond. At the trial Term, the defendant, by leave of the Court, filed a supplemental answer in which he alleged that the plaintiff and another person, gave their single bond to one Robt. J. Barnes, Guardian of Miss P. J. Worrell, for $268.71, due and payable 1st day of February, 1860. That said Barnes died intestate, domiciled in Southampton County, Ya., and one Worrell…
1Opinion of the CourtPearson, C. J.
I. The objection that the legal title to the ■demand which the defendant seeks to set np, did not vest in Mm by the assignment, is not tenable. Barnes was domiciled 3n Virginia, and had the note in his possession at the time of his death. It passed to Worrell the administrator in that State, and he had clearly the right to receive the money upon it, or to snake an assignment of it. The place where he received the money, or assigned the note can make no difference, tor the fact of his being administrator gave him the authority to do these acts anywhere.
It is true, that an action in this State…
2Cited by7 opinions
- Morefield v. . HarrisSupreme Court of North Carolina · 1900
- Lane v. . RichardsonSupreme Court of North Carolina · 1889
- Martin v. . RichardsonSupreme Court of North Carolina · 1873
- Curl v. IngramWest Virginia Supreme Court · 1939
- Williams v. . WilliamsSupreme Court of North Carolina · 1878
2 more not listed; retrieve them via the Exa API.