
    William L. Kirkpatrick vs. Hugh W. Taylor.
    An administrator in Georgia cannot maintain an action in this State upon a note of his intestate, even though it be payable to bearer.
    N o one can be the bearer of a note which the payee or his legal representative has not transferred by delivery.
    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. Because tbe plaintiff, being tbe administrator (in tbe State of Georgia) of tbe payee of tbe note, bad a right to bring bis action as tbe bearer of tbe same; it being a negotiable paper payable to intestate or bearer.
    2. Because bis Honor, it is respectfully submitted, erred in bolding that plaintiff could not recover in tbis form of action because be bad counted as administrator, wben sucb counting was only discriptio personae and intended to sbow tbe legal possession of tbe note in question.
    Henderson, for appellant,
    
      O'Brien vs. Sauls, 2 Rich. 332; Jackson vs." Heath, 1 Bail. 355; 11 Johns. R. 53; 15 Wend. 640.
    
      Irby, contra.
   Cueia, PER O’Neall, J.

Tbe 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.

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

It 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.

Tbe 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.

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

Tbe motion is dismissed.

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

Motion dismissed  