Abrams v. . Cureton
Supreme Court of North Carolina
Civil ActioN to recover the amount of two promissory notes, tried in. the Superior Court of PolK county at Fall Term, 1875, before his Honor Judge So/ieiieJc, and a jury. In his complaint, the plaintiff alleges that as assignee, he is the owner of two notes, made by the intestate of the defendant, one payable to John Bankston Davis, and by him endorsed to the plaintiff, and another payable to one B. II. Beid, also endorsed by said Davis as attorney for Beid.
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Civil ActioN to recover the amount of two promissory notes, tried in. the Superior Court of PolK county at Fall Term, 1875, before his Honor Judge So/ieiieJc, and a jury. In his complaint, the plaintiff alleges that as assignee, he is the owner of two notes, made by the intestate of the defendant, one payable to John Bankston Davis, and by him endorsed to the plaintiff, and another payable to one B. II. Beid, also endorsed by said Davis as attorney for Beid. That these notes were made in South Carolina and draw interest at the rate of seven per cent., and are still due. The defendant denies…
1Opinion of the CourtFeaesoN, C. J.
“Every action must be prosecuted in the-name of the real party in interest.” C. C. P., sec. 55.
This provision is significant, and was necessary in order to- let in all defenses, as well equitable as legal, against the real party in interest, and save a resort to another action, so as to work in harmony with the provision of the Constitution. Art. II, sec. 3. “ The distinction between actions at law and suits in equity and the powers of all such actions and suits shall be abolished,” &c. For instance, the holder of a note, without endorsement under the old system, sued in the name of the…
2Cases cited1 opinion
- Willey v. GatlingSupreme Court of North Carolina · 1874
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- R. G. Chapman & Co. v. McLawhornSupreme Court of North Carolina · 1909
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