Moore v. . Eure
Supreme Court of North Carolina
This is a civil action brought in the Superior Court of Gates County by the distributees and devisees of James Sears, against his administrator de bonis non cum testamento annexo for an account and settlement of the estate.
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This is a civil action brought in the Superior Court of Gates County by the distributees and devisees of James Sears, against his administrator de bonis non cum testamento annexo for an account and settlement of the estate. At Spring Term, 1887, the cause was referred for an account, and was heard upon exceptions to the referee’s report by Montgomery, J., at Spring Term, 1888. The following are the facts agreed upon, and upon which the referee based his account: “ 3. James Sears died in 1870, domiciled in Gates County, leaving a will, in which his widow, Mary A., was named and qualified as…
1Opinion of the Court
Davis, J.,
(after stating the case). The single question presented for our consideration is as to the liability of the defendant administrator for the loss sustained by the failure of the Exchange National Bank.
The case shows, and it is conceded, that ■ the defendant acted in perfect good faith, but the counsel for the plaintiffs insist:
1. That it was the duty of the defendant when the receiver Vaughan declined to receive the money to “take proper steps to make him do so, or pay the amount into the Clerk’s office, in discharge of his obligation, in accordance with the provision of The Code, §…
2Cases cited5 opinions
- Grim v. . WickerSupreme Court of North Carolina · 1879
- Covington v. . LeakSupreme Court of North Carolina · 1872
- Atkinson v. WhiteheadSupreme Court of North Carolina · 1872
- State Ex Rel. Collins v. GoochSupreme Court of North Carolina · 1887
- Strauss v. . CrawfordSupreme Court of North Carolina · 1883
3Cited by9 opinions
- Fann v. . R. R.Supreme Court of North Carolina · 1911
- Smith v. Patton.Supreme Court of North Carolina · 1902
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- Harris v. OrrWest Virginia Supreme Court · 1899
- Marshall v. . KempSupreme Court of North Carolina · 1925
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