Marshall v. . Kemp

The clerk of the Superior Court of New Hanover revoked Kemp’s letters of administration on 9 October, 1922. The jury were instructed that Kemp thereafter held the money on deposit at his peril and if they found the facts to be as the witnesses had testified, the answer to the first issue should be “Yes,” and to the second the full amount of the plaintiffs claim with interest thereon from 25 September, 1922. The instruction implied either that Kemp’s liability was definitely fixed when the letters were recalled or that by virtue of his qualification as administrator he was an insurer of the…