Whisnant v. . Price
Supreme Court of North Carolina
Appeal from Ferguson, J., at October Term, 1917, of Ruthebeokd, upon exceptions to referee’s report. Tbe court reformed tbe report in some respects, made findings of fact, and rendered judgment. Both parties excepted and appealed.
1DissentWalker, J.
I agree that plaintiff cannot recover the penalties for usury. The administrator' and not intestate received the usurious interest, and the latter’s estate is not responsible for what the administrator did after his death. It was the personal act of the administrator, and not done in his representative capacity so as to charge the estate with liability. Devane v. Royal, 52 N. C., 426; Tyson v. Walston, 83 N. C., 91, in the second of which cases it is said that “no executor can be subjected in his representative capacity on any demand created or originated wholly after the death of his…
2Cases cited10 opinions
- Fowler v. Equitable Trust Co.Supreme Court of the United States · 1891
- Ward v. . SuggSupreme Court of North Carolina · 1893
- Moore v. . BeamanSupreme Court of North Carolina · 1893
- Roberts v. Life Insurance Co.Supreme Court of North Carolina · 1896
- Devane v. . RoyalSupreme Court of North Carolina · 1860
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