State ex rel. Martin v. McPherson

210 N.C. 194

• Court: Supreme Court of North Carolina
• Decided: May 20, 1936
• Status: Published

Opinion

Per Curiam.

There is no evidence tending to show that the defendant administrator was negligent in depositing and allowing to remain in the Bank of Stokes County funds belonging to the estate of his intestate. Prior to and during the time such funds were in the bank the administrator had no notice that the bank was unsound, or would probably be forced to close its doors because of insolvency. Rumors that the bank was in “bad shape,” which he did not hear, and the fact that he was a brother-in-law of the cashier of the bank, considered with all the other attendant circumstances disclosed by the evidence, were not sufficient to put the administrator on notice that the bank was in an unsound condition prior to its closing, if such was the fact. Upon the authority of Stroud v. Stroud, 206 N. C., 668, this case is

Affirmed.