BANNISTER & SONS, INC. v. Williams

In each complaint the plaintiff has joined a cause of action in contract for the purchase price of goods sold the defendant Williams with a cause of action against the defendant Bank for its alleged negligence in handling the draft drawn by plaintiff on Williams for the price of the goods. They have, therefore, clearly attempted to set up separate and distinct causes of action which do not affect all the defendants as contemplated by G.S. 1-123. Williams v. Gooch, 206 N.C. 330, 173 S.E. 342. The Bank was not a party to Williams’ purchase of the hogs from plaintiffs, and upon no theory can it…