White v. MacHen

TALIAFERRO, Judge.

By this action plaintiff seeks judgment against defendant for $119.09, the amount of an alleged personal loan to him on or about January 16, 1937, evidenced by plaintiff’s check. Defendant, in limine, tendered what is denominated an exception of want of authority which was sustained, and the suit dismissed. The burden of the exception is that if defendant ever was personally due plaintiff said amount, the right to sue to recover it now reposes in Clayton G. Taylor, plaintiff’s transferee, as will be hereinafter discussed. The facts alleged upon in the exception, briefly, are…