Legal Opinion

Jones v. . Franklin Estate

Supreme Court of North Carolina

Decided February 26, 1936PublishedCited by 5 opinions

1Opinion of the Court

Pee Curiam.

Does the simple assignment of a judgment on the judgment docket entitle the assignee in a subsequent proceeding to bring in others, who were not parties to the original action, and subject them to liability for the payment of the judgment which had been rendered against the original debtor only? ¥e think not.

The statute (C. S., 219-e) provides that executors and trustees shall not personally be subject to liability as stockholders for stock held by the estate.

The mere assignment of a judgment transfers to the assignee all the rights and remedies of the assignor with respect to the…

2Cases cited3 opinions

  1. Ward v. HaggardIndiana Supreme Court · 1881
  2. Redmond v. . StatonSupreme Court of North Carolina · 1895
  3. Timberlake v. . PowellSupreme Court of North Carolina · 1888

3Cited by5 opinions

  1. CREDIGY RECEIVABLES, INC. v. WhittingtonCourt of Appeals of North Carolina · 2010
  2. Hood Ex Rel. United Bank & Trust Co. v. Richardson Realty, Inc.Supreme Court of North Carolina · 1937
  3. Pittman Ex Rel. Pittman v. SnedekerSupreme Court of North Carolina · 1965
  4. Safeco Insurance Co. of America v. Nationwide Mutual InsuranceSupreme Court of North Carolina · 1965
  5. Fidelity Security Co. v. HightSupreme Court of North Carolina · 1937

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API