Susan Mebane v. . C. P. Mebane .
Supreme Court of North Carolina
This was a civil action tried before Logan, Judge, at Fall Term, 1871, of Cabarrus Court. The plaintiff declared upon a promissory note given by the defendants and made payable to “Susan Mebane, guardian of E. S. Mebane.” Tbe said note was delivered to the said E. S. Mebane and her husband, upon their marriage, in settlement of the guardian account and without endorsement.
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This was a civil action tried before Logan, Judge, at Fall Term, 1871, of Cabarrus Court. The plaintiff declared upon a promissory note given by the defendants and made payable to “Susan Mebane, guardian of E. S. Mebane.” Tbe said note was delivered to the said E. S. Mebane and her husband, upon their marriage, in settlement of the guardian account and without endorsement. Suit was brought in the name of the guardian, to the use of Idle owners of said note — the husband and wife. Defendants demurred upon the ground that the suit should have been brought in the name of the parties really…
1Opinion of the CourtEodMAN, J.
This action is brought on a note made by the defendants, payable to the plaintiff, “Susan Mebane guardian of E. S. Mebane.” The infant afterwards married Harris, and the guardian delivered the note to the husband and his wife as a part of her estate, but never transferred the legal title by endorsement. The defendants demur on the ground that the action should have been brought in the name of Harris and his wife as plaintiffs instead of in the name of the guardian.
The O. G. P., sec. 55. says : “Every action must be prosecuted in the name of the real party in interest except as otherwise…
2Cases cited1 opinion
- Rankin v. . AllisonSupreme Court of North Carolina · 1870
3Cited by4 opinions
- First National Bank of Durham v. ThomasSupreme Court of North Carolina · 1933
- Ingram v. Nationwide Mutual Insurance CompanySupreme Court of North Carolina · 1963
- Love v. . JohnstonSupreme Court of North Carolina · 1875
- Davidson v. . ElmsSupreme Court of North Carolina · 1872