Foushee v. Pattershall
Supreme Court of North Carolina
Civil. Action, tried before Tourgee. J., at Spring Term, 1872, of Chatham Superior Court. The action was brought by plaintiffs, administrators of John A. Johnson, against the defendant as administrator of B. Pattersliall, to recover the sum of $225 and interest from lfitb February, 1857, covenanted to be paid by the intestate of the defendant. Defendantpleaded, amongother things, retainer and no assets.
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Civil. Action, tried before Tourgee. J., at Spring Term, 1872, of Chatham Superior Court. The action was brought by plaintiffs, administrators of John A. Johnson, against the defendant as administrator of B. Pattersliall, to recover the sum of $225 and interest from lfitb February, 1857, covenanted to be paid by the intestate of the defendant. Defendantpleaded, amongother things, retainer and no assets. By order of the court, there was a reference to the clerk, “ to take and state an account of the defendant as administrator, &c.” A report was made, and exceptions filed. At Spring Term, 1872,…
1Opinion of the CourtRodman, J.
The plaintiff sought to charge the defendant with two notes, which he alleged belonged to the estate of his intestate, and which defendant had failed to collect and lost through negligence. It was referred to a referee to report upon the facts relating to the notes ; he reported that they did not belong to the estate of the intestate, and that the defendant had not been negligent in respect thereto. The. plaintiff excepted to the report, and his Honor sustained the exceptions, thereby holding that the defendant is chargeable. Rut his Honor finds no facts, and therefore does not separate his…
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