Morehead Banking Co. v. Morehead
Supreme Court of North Carolina
Civil action, tried at June Term, 1894, of DuehaM Superior Court, before Winston, L., and a jury. The complaint alleged : “II.
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Civil action, tried at June Term, 1894, of DuehaM Superior Court, before Winston, L., and a jury. The complaint alleged : “II. That sometime in the year 1890, the plaintiff lent to the defendant, Mrs. L. L. Morehead, the sum of Five Thousand Dollars, the said sum being borrowed by her,.as plaintiff was then informed and believed and still believes, to pay debts and thus relieve the estate of the said Eugene Morehead, and executed her negotiable promissory note to plaintiff for said Five Thousand Dollars, which said promissory note she, the said Mrs. L. L. Morehead, signed identically as she…
1Opinion of the Court
A VERY, J.:
An executor cannot, by any contract of his, fasten upon the estate of his testator liability for a debt created by him and arising wholly out of matters occurring after the death of the testator. Devane v. Royal, 7 Jones, 426; Hailey v. Wheeler, 4 Jones, 157; Beatty v. Gingles, 8 Jones, 302; Tyson v. Walston, 83 N. C., 90; McLean v. McLean, 88 N. C., 394. Where an executor executed a promissory note as evidence of such debt and signs it, and renewals of it in his fiduciary capacity, the words “as executor” will be rejected as surplusage, and the contract interpreted as if made in…
2Cases cited2 opinions
- McLean v. . McLeanSupreme Court of North Carolina · 1883
- Tyson v. . WalstonSupreme Court of North Carolina · 1880
3Cited by9 opinions
- Hewitt v. BeattieSupreme Court of Connecticut · 1927
- Snipes v. . MondsSupreme Court of North Carolina · 1925
- Charles Nelson Co. v. MortonCalifornia Court of Appeal · 1930
- B. F. Mitchell & Co. v. WhitlockSupreme Court of North Carolina · 1897
- Morehead Banking Co. v. MoreheadSupreme Court of North Carolina · 1898
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