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44 S.C.L. 393

Kirkpatrick v. Taylor

Court of Appeals of South Carolina · decided 1857-05-15

BEFORE O’NEALL, j., AT LAURENS, SPRING TERM, 1857. Action on a promissory note payable to plaintiff’s intestate or bearer. Tbe plaintiff’s letters of administration were granted in Georgia. Tbe plea was ne unques administrator. His Honor beld that tbe plaintiff could not recover. Tbe plaintiff appealed on tbe grounds: 1.

Decided 1857-05-15

Cueia, PER O’Neall, J.

¶1Tbe record in tbis case states tbat tbe plaintiff’s intestate, was tbe owner of tbe note at bis death; tbat tbe plaintiff administered in Georgia and thereby became tbe bearer of tbe note.

¶2It is plain that bis administration in Georgia can give him no rights here. Connover & Co. vs. Chapman, 2 Bail. 436.

¶3It is clear, too, tbat no one can be tbe bearer of a note Avbicb tbe payee or bis legal representative has not transferred by delivery.

¶4Tbe plaintiff’s whole right rests upon bis possession as administrator in Georgia. Tbat no doubt gave him a legal right to recover there as administrator and perhaps there to transfer it. But when be comes into South Carolina, be is here without legal authority to collect tbe assets of tbe deceased. He, in tbe language of the defendant’s plea, has never been tbe administrator: and hence cannot maintain tbe action.

¶5Tbe case of Richardson vs. Gower, decided here at last November sittings, is a decisive authority against tbe plaintiff.

¶6Tbe motion is dismissed.

WhitNER, Glover, & Munro, JJ., concurred.

¶7Motion dismissed

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