Garrett v. Mask
Supreme Court of North Carolina
Appeal from Peebles, J., at November Term, 1911, of WayNE. This action was commenced by Martin & Garrett, agents, before a justice of tbe peace, to recover tbe sum of $166.65, and interest on $166.65 from 14 December, 1910, due by five notes for $33.33 eacb, given for rent of bouse No. 307 Third Street, Augusta, Ga., said notes being due 1 March, 1911; 1 April, 1911; 1 May, 1911; 1 June, 1911, and 1 July, 1911. Tbe form of tbe notes was as follows: $33.33. Augusta, Ga., 14…
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Appeal from Peebles, J., at November Term, 1911, of WayNE. This action was commenced by Martin & Garrett, agents, before a justice of tbe peace, to recover tbe sum of $166.65, and interest on $166.65 from 14 December, 1910, due by five notes for $33.33 eacb, given for rent of bouse No. 307 Third Street, Augusta, Ga., said notes being due 1 March, 1911; 1 April, 1911; 1 May, 1911; 1 June, 1911, and 1 July, 1911. Tbe form of tbe notes was as follows: $33.33. Augusta, Ga., 14 December, 1910. After date tbe undersigned promises to pay to tbe order of Martin & Garrett, agents, thirty-three and…
1Opinion of the CourtAllen, J.
Tbe record presents two questions:
1. "Was it error to refuse to dismiss tbe action because tbe plaintiffs are named as agents, and sue on notes payable to them as agents?
2. Was it error -to exclude tbe evidence, offered by tbe defendant ?
1. Tbe first question must be solved by adopting a correct interpretation of section 400 of tbe Revisal, providing that “Every action must be prosecuted in tbe name of tbe real party in interest, except as otherwise provided,” and Revisal, sec. 404: “An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may…
2Cases cited13 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Braswell v. . PopeSupreme Court of North Carolina · 1880
- Winders v. Hill.Supreme Court of North Carolina · 1906
- Abrams v. . CuretonSupreme Court of North Carolina · 1876
- R. G. Chapman & Co. v. McLawhornSupreme Court of North Carolina · 1909
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3Cited by8 opinions
- Gulf States Finance Corp. v. Airline Auto Sales Inc.Supreme Court of Louisiana · 1965
- State Ex Rel. Freebourn v. Merchants' Credit Service, Inc.Montana Supreme Court · 1937
- Farrington v. . McNeillSupreme Court of North Carolina · 1917
- Mason v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
- Penniman v. . AlexanderSupreme Court of North Carolina · 1892
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