McRae v. . Malloy
Supreme Court of North Carolina
•Civil Actkot tried at Spring Term, 1882, of Richmond Superior Court before Shipp, J. The plaintiff alleged that Alexander Malloy died in the year 1878, and the plaintiff during the same year was appointed and qualified as his administrator, and that the defendant in the lifetime of his intestate executed to him the bond sued on, which is as follows: “ One day after date I promise to pay Alexander Malloy, or order, the sum of five hundred dollars, for value received of him.”
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•Civil Actkot tried at Spring Term, 1882, of Richmond Superior Court before Shipp, J. The plaintiff alleged that Alexander Malloy died in the year 1878, and the plaintiff during the same year was appointed and qualified as his administrator, and that the defendant in the lifetime of his intestate executed to him the bond sued on, which is as follows: “ One day after date I promise to pay Alexander Malloy, or order, the sum of five hundred dollars, for value received of him.” (Signed and sealed by 0. Malloy on January 27th, 1872.) The defendant pleaded as a counter-claim that the intestate of…
1Opinion of the CourtAshe, J.
We do not think in a case like this a demand is necessary to give the defendant a right of action, or interest in his claim.
The plaintiff’s intestate had received money which belonged to the defendant, and the court had ordered him to pay it to the defendant, which it had the right to do. The order of the court made the plaintiff’s intestate debtor to the defendant, and holding that relation to him, he like any other debtor was bound to seek the defendant and pay him. And it is a general rule established in this state, that when ever one person has the money of another and knows what sum he…
2Cases cited1 opinion
- Armstrong v. . StoweSupreme Court of North Carolina · 1877
3Cited by5 opinions
- Stephens v. . KoonceSupreme Court of North Carolina · 1889
- Hackney v. . Hood, Commissioner of BanksSupreme Court of North Carolina · 1932
- Brem v. . CovingtonSupreme Court of North Carolina · 1889
- Hunt v. . JucksSuperior Court of North Carolina · 1795
- State v. . BlountSuperior Court of North Carolina · 1791