Dancy v. . Smith

Decided January 5, 1873

Supreme Court of North Carolina · decided 1873-01-05

Civil action, tried by Cloud, J., at the Special (January) Terna, 1873, of Halifax Superior Court. The plaintiff sued the defendants on a note given by them to a former administrator (pendente lite) of his intestate, for property purchased at a sale of su-ch first administrator. As a defense, tfie defendants allege in their answer that Whitmore, the administrator pendente lite induced the defendant, Wm.

Decided 1873-01-05

Settle, J.

¶1 The only point raised by the pleadings is decided in Johnston v. Neville at this t&rm. Here his Honor directed one Whitmore to be made a party defendant upon *180 the suggestion that he had while administrator pendente lite induced the defendant W. H. Spiith to bid at the sale of the effects of his intestate, promising the said Smith that the amount of his bids should go as a payment on á large debt due from his intestate to the said Smith..

¶2 This alleged agreement has never been executed; on the contrary the plaintiff now seeks to recover the amount of the defendants’ bid.

¶3 Plis Honor it appears deemed it equitable that Whitmore should be made a party; but whether the defendant Smith will be benefited thereby or otherwise it is not for us to •consider.

¶4 There is no error.

¶5 This will be certified.

Per Curiam.

¶6 Judgment affirmed.