Legal Opinion

Anderson v. Gooding

Supreme Court of North Carolina

Decided May 6, 1980No. 63PublishedCited by 6 opinions

1Opinion of the Court

HUSKINS, Justice.

Plaintiff contends that the notice to creditors published by E. L. Gooding, Executor of Elizabeth Gooding Hardy, did not comply with G.S. 28A-14-1, gave inadequate notice to plaintiff and was therefore ineffective to start the running of the six months’ Statute of Limitations contained in G.S. 28A-19-3(a). The Court of Appeals held to the contrary, and this constitutes plaintiff’s first assignment of error before this Court.

G.S. 28A-14-1, in effect at the time in question, read in pertinent part as follows:

“Every personal representative and collector within 20 days after the…

2Cases cited4 opinions

  1. Harris v. LattaSupreme Court of North Carolina · 1979
  2. Love v. . IngramSupreme Court of North Carolina · 1889
  3. Morrisey v. Hill.Supreme Court of North Carolina · 1906
  4. Gilliam v. . WilleySupreme Court of North Carolina · 1853

3Cited by6 opinions

  1. Cash v. State Farm Mutual Automobile InsuranceCourt of Appeals of North Carolina · 2000
  2. Topsail Reef Homeowners Ass'n v. Zurich Specialties London, Ltd.Court of Appeals for the Fourth Circuit · 2001
  3. Azalea Garden Board & Care, Inc. v. VanhoyCourt of Appeals of North Carolina · 2009
  4. Force v. SandersonCourt of Appeals of North Carolina · 1982
  5. Mabry v. HuneycuttCourt of Appeals of North Carolina · 2002

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