Surviving Partners of Auley McNaughton & Co. v. Blocker's Administrators

Superior Court of North Carolina

Surviving Partners of Auley McNaughton & Co. v. Blocker's Administrators

2 N.C. 481

DecidedOctober 15, 1796

StatusPublished

This text of 2 N.C. 481 (Surviving Partners of Auley McNaughton & Co. v. Blocker's Administrators) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Surviving Partners of Auley McNaughton & Co. v. Blocker's Administrators, 2 N.C. 481 (N.C. Ct. App. 1796).

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Opinion

Per curiam

W jxiiams absent. The plea of fully administered, as to its form, is as stated by the Plaintiff’s counsel; and in strictness, a payment made after the teste is not good in support of plens administravit. As to judgments obtained after the teste, they may be pleaded bj tin; administrator, if obtained before the plea pleaded at its pioper time. As to debts assumed by the administrator before the teste of the writ, such assumption obli- . ges him to pay the debt as effectually as if he had given a bond. He must therefore fee allowed to the amount of his assumptions.

Noth.- Th>. first part of this opinion was incorrect — if in fact the •payments were made after the teste, and before notice, that should be staled in the plea ; and then the payments before notice may be given in evidence hy (he administrator Offi- Exec. 145. God. Orp. Leg. 220. Plow. Com 277.

Noth.— Vide note, to Evans v. Norris’s Adm’rs. ante 411. Littlejohn v. Underhill's Ex’rs. 2 Car. Law Rep. 574.

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Per curiam

W jxiiams absent. The plea of fully administered, as to its form, is as stated by the Plaintiff’s counsel; and in strictness, a payment made after the teste is not good in support of plens administravit. As to judgments obtained after the teste, they may be pleaded bj tin; administrator, if obtained before the plea pleaded at its pioper time. As to debts assumed by the administrator before the teste of the writ, such assumption obli- . ges him to pay the debt as effectually as if he had given a bond. He must therefore fee allowed to the amount of his assumptions.

Noth.- Th>. first part of this opinion was incorrect — if in fact the •payments were made after the teste, and before notice, that should be staled in the plea ; and then the payments before notice may be given in evidence hy (he administrator Offi- Exec. 145. God. Orp. Leg. 220. Plow. Com 277.

Noth.— Vide note, to Evans v. Norris’s Adm’rs. ante 411. Littlejohn v. Underhill's Ex’rs. 2 Car. Law Rep. 574.

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Bluebook (online)

2 N.C. 481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/surviving-partners-of-auley-mcnaughton-co-v-blockers-administrators-ncsuperct-1796.