Morehead Banking Co. v. Morehead

Citations

• 30 S.E. 331
• 122 N.C. 318
• 1898 N.C. LEXIS 254

Syllabus

<p>(Plaintiff’s Appeal.)</p> <p>Action on Note — Note by Executor — Personal Liability- — ■ Trial — Instructions.</p> <p>1. Where, in the trial of an action on a note executed by an Executrix, there was no evidence of any agreement that she should be held liable in her representative capacity only, it was not error to instruct the jury to answer in the negative an issue submitted to them as to whether a provision that she should not be personally liable was omitted by mistake. '</p> <p>'2. The promissory note of an administrator or executor, as such, founded upon the consideration of forbearance or the possession of assets, will bind him in his individual caxiacity ; hence,</p> <p>.3. Where an executrix, as such, executed a new note to a bank in consideration of its taking up and paying the old note, she is individually liable thereon.</p>