Walker v. . Loyall

187 S.E. 565, 210 N.C. 466, 1936 N.C. LEXIS 131

• Court: Supreme Court of North Carolina
• Decided: September 23, 1936
• Status: Published

Opinion

Stacy, C. J.

The judgment of the Superior Court must be affirmed on authority of Bargeon v. Transportation Co., 196 N. C., 776, 147 S. E., 299, which is controlling upon the facts presently appearing of record. The two cases are not distinguishable by reason of the amendment to C. S., 618, enacted 27 February, 1929, permitting contribution between joint tort-feasors, because the allegation of the defendant administrator is one of sole liability on the part of the receivers, if any liability at all, and not one of joint tort-feasorship. Ballinger v. Thomas, 195 N. C., 517, 142 S. E., 761.

Nothing can be added to what was said in the Bargeon case, supra, where the late Justice Brogden, with his usual clarity and conciseness, covers the whole matter. The decision is directly in point and is decisive of the present appeal.

Affirmed.