Caviness v. Fidelity Co.
Supreme Court of North Carolina
AotioN by J. M. Caviness, Administrator de bonis non of Jas. A. Cole against Fidelity & Deposit Co., of Maryland, and others, beard by Judge R. B. Peebles and a jury, at the July Term, 1905, of the Superior Court of Eandolph. From the judgment rendered, the defendant company appealed.
1Opinion of the CourtConnor, J.
James E. Cole qualified on November 11, 1902, as administrator of J. A. Cole, deceased, and executed his bond in the penal sum of $18,000 with the defendant company as surety. On March 3, 1904, he was removed and the plaintiff appointed administrator de bonis non of the estate. This action is prosecuted by the plaintiff against J. E. Cole and the surety company to recover the amount remaining, or which ought to be, in his hands belonging to the estate. The defendant surety company in its answer alleges that $5,000 of the assets of the estate were paid by the administrator to W. Sf Eussell on…
2Cases cited3 opinions
- Clements v. . RogersSupreme Court of North Carolina · 1884
- Allen v. . RoysterSupreme Court of North Carolina · 1890
- Grant v. . BellSupreme Court of North Carolina · 1884
3Cited by2 opinions
- Snow v. BoylstonSupreme Court of North Carolina · 1923
- Snow v. . BoylstonSupreme Court of North Carolina · 1923