Merwin v. . Ballard
Supreme Court of North Carolina
This was a civil action, in which the complaint was for goods sold and delivered to the defendant in the year 1860, but an account annexed to the complaint’ showed that the goods were bought by the defendant and one Joyner. The action was brought in the year 1870, and the defendant appeared, and under the O. O. P., sec. 95, demurred to the complaint for the want of parties, as it appeared that Joyner was jointly hable with the defendant.
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This was a civil action, in which the complaint was for goods sold and delivered to the defendant in the year 1860, but an account annexed to the complaint’ showed that the goods were bought by the defendant and one Joyner. The action was brought in the year 1870, and the defendant appeared, and under the O. O. P., sec. 95, demurred to the complaint for the want of parties, as it appeared that Joyner was jointly hable with the defendant. The demurrer was sustained by his Honor, Jones, J., at the last Term of the Superior Court for Pitt County, and the action dismissed, . and from this order…
1Opinion of the CourtDick, J.
The plaintiff alleges that he sold and delivered ■certain merchandise to the defendant. In the account of sale set out in the complaint, it appears that said merchandise was sold by plaintiff to Ballard & Joyner. The defen- ■ dant demurs, and assigns as cause of demurrer the non joinder of the other joint purchaser, as a defendant in the action.
At common law in actions ex contractu, the general rule is, if the contract be joint the plaintiff must sue all the persons, who either expressly or by implication of law made the contract. If one of them be dead, then upon suggesting that fact in the…
2Cases cited1 opinion
- Ransom v. . McCleesSupreme Court of North Carolina · 1870
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