Kessler v. . Hall
Supreme Court of North Carolina
Debt, tried before Cloud, J., at Eall Term 1869, Rowan court. The note upon which the action was brought was as follows: “ Six months after elate, with interest from date, we promise to pay James E. Kerr or order, twelve hundred and fifty dollars,, for value received, witness our hands and seals, Nov. 27 1860.” This was signed and sealed hy the defendant; and the plaintiff was endorsee and purchaser for value.
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Debt, tried before Cloud, J., at Eall Term 1869, Rowan court. The note upon which the action was brought was as follows: “ Six months after elate, with interest from date, we promise to pay James E. Kerr or order, twelve hundred and fifty dollars,, for value received, witness our hands and seals, Nov. 27 1860.” This was signed and sealed hy the defendant; and the plaintiff was endorsee and purchaser for value. The defendant offered to prove that the note was given for professional services rendered to defendant as executor of Solomon Hall deceased, and was due from him as executor, and not in…
1Opinion of the CourtSettle, J.
The defence attempted to be set up, discloses the fact that the bond upon which this action is brought, was executed by the defendant to an attorney for advice and assistance in managing the estate of defendant’s testator. Of course then, it is the individual debt of the defendant, and the action is properly brought; had it been brought against him as executor, it could not have been maintained.
It is said in Hailey v. Wheeler, 4 Jon. 159, “it is not possible to conceive how a debt of the testator can he created by matter occurring wholly in the executor’s time. If an executor makes an express…
2Cited by12 opinions
- Clopton v. GholsonMississippi Supreme Court · 1876
- Hall v. . R. R.Supreme Court of North Carolina · 1907
- Snipes v. . MondsSupreme Court of North Carolina · 1925
- Hall v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Hall v. . CraigeSupreme Court of North Carolina · 1871
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