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McINTYRE v. JOSEY

No. 602.

79 S.E.2d 202 (1953)

239 N.C. 109

McINTYRE v. JOSEY.

Supreme Court of North Carolina.

December 16, 1953.

Attorney(s) appearing for the Case

A. J. Fletcher, F. T. Dupree, Jr., and G. Earl Weaver, Raleigh, for defendant-appellant.

James W. Mason, Laurinburg, for the plaintiff-appellee.

ERVIN, Justice.

The appeal presents this question for decision: Can the collector of the estate of a deceased tort-feasor be sued in his representative capacity for an injury to personal property caused by the wrongful act of the tort-feasor?

The answer to this question is to be found in G.S. § 28-172 rather than in the statutes invoked by the defendant.

G.S. § 28-172 was originally enacted as Section 63 of Chapter 113 of the Public Laws...

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