Setzer and Rhodes, Adm'r v. . Lewis, Adm'r .
Supreme Court of North Carolina
This was an action op debt brought before the adoption of the C. C. P,, and tried at the Spring Term, 1873, of the Superior Court of the county of Gaston, before his Honor, Logan, J. On the trial the plaintiffs had a verdict and judgment, and the defendants appealed. The facts of the case are sufficiently stated in the opinion of the Court.
1Opinion of the CourtSettle, J.
This action was brought in 1867, before the adoption of the Code of Civil Procedure, by Sitzer and Rhodes, the administrators de bonis non of Peter Rhyne, upon a bond given to Daniel Rhyne, deceased, as executor of Peter Rhyne.
It appears from the record that Setzer and Rhodes, into whose hands the bond had fallen upon the death of Daniel Rhyne, the executor, had delivered the same, without indorsement to Barbara Froneberger, a daughter and distributee of Peter Rhyne, before this suit was brought as a payment of her distributive share of said Peter Rhyne’s estate, and took her receipt for the…
2Cited by2 opinions
- Rogers v. . GoochSupreme Court of North Carolina · 1882
- Ballinger v. . CuretonSupreme Court of North Carolina · 1889