RODGERS v. TINDAL

No. 7910SC704.

266 S.E.2d 691 (1980)

Grace H. RODGERS, Administratrix of the Estate of William Clayton Rodgers v. Mrs. E. B. TINDAL.

Court of Appeals of North Carolina.

May 20, 1980.


Attorney(s) appearing for the Case

Joslin, Culbertson, Sedberry & Houck by Charles H. Sedberry, Raleigh, Savage & Godfrey by David R. Godfrey, Apex, for plaintiff-appellant.

Hollowell, Silverstein, Rich & Brady by Ben A. Rich, Raleigh, for defendant-appellee.


CLARK, Judge.

The question presented in this appeal is whether the trial court erred in entering the judgment in this action allowing the defendant to set off the amount owed by the decedent to defendant, at the time of the decedent's death, against defendant's debt owed to plaintiff for the post mortem purchase of assets in the decedent's insolvent estate. We now reverse.

This case is controlled by Pate v. Oliver, 104 N.C. 458, 10 S.E. 709 ...

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