Merchants Distributors, Inc. v. Hutchinson

MALLARD, Chief Judge.

Appeal of Defendant Administrator

Defendant John N. Hutchinson, administrator of the estate of Mark S. Hutchinson in Tennessee, assigns as error the dismissal of his counterclaim at the hearing on plaintiffs’ motion to dismiss, pursuant to G.S. 1A-1, Rule 12(b) (6).

In North Carolina, an administrator appointed by the court of another state may not maintain an action for wrongful death occurring in North Carolina. Monfils v. Hazlewood, 218 N.C. 215; 10 S.E. 2d 673 (1940), cert. denied, 312 U.S. 684; Hall v. R. R., 146 N.C. 345, 59 S.E. 879 (1907). However, the clerk of the…