March v. . Verble
Supreme Court of North Carolina
Civil Action tried at Spring Jerm, 1878, of Rowan Superior Court, before Buxton, J. The plaintiffs alleged that the defendant was appointed administrator of Daniel Shaver prior to July, 1869, and that his intestate was indebted to W. B. March (who was subsequently made a party plaintiff in this action) for goods sold and delivered, and for money loaned, according to an account stated ; that the interest of said March was assigned to plaintiffs before the commencement of this…
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Civil Action tried at Spring Jerm, 1878, of Rowan Superior Court, before Buxton, J. The plaintiffs alleged that the defendant was appointed administrator of Daniel Shaver prior to July, 1869, and that his intestate was indebted to W. B. March (who was subsequently made a party plaintiff in this action) for goods sold and delivered, and for money loaned, according to an account stated ; that the interest of said March was assigned to plaintiffs before the commencement of this action, and that they are the real parties in interest. The defendant in his answer alleged that there were debts…
1Opinion of the CourtSmith, C. J.
This action is prosecuted to recover for goods sold and money loaned to the defendant’s intestate, and for money received by him to the use of W. B. March. The complaint alleges that prior to the suit, the creditor W. B. March assigned his claim to the plaintiffs, and this is denied in the answer.
Issues were made up from the pleadings and submitted to 'the jury, and among them one as to the alleged assignment. On the trial the plaintiffs failed to prove the affirmative, and thereupon obtained leave of the Court to amend by making March a co-plaintiff, he assenting thereto, and the issue was…
2Cases cited2 opinions
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- Gray v. . CooperSupreme Court of North Carolina · 1871
3Cited by25 opinions
- Commercial Bank v. BurgwynSupreme Court of North Carolina · 1892
- McEwan v. BrownSupreme Court of North Carolina · 1918
- State ex rel. Brown v. MitchellSupreme Court of North Carolina · 1889
- Burton v. . StyersSupreme Court of North Carolina · 1936
- Lockhart v. . BellSupreme Court of North Carolina · 1884
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