Wilcox, & Co. v. Hawkins
Supreme Court of North Carolina
J-From Warren. This was an action of assumpsit, brought in the name of John V. Wilcox, Arthur Johnson and Major Drunkard, merchants, under the firm of «John Y. Wilcox, and Co.” and the Plaintiffs declared, 1st, as assignees, upon a special promise of Defendant, at the time of his assignment of a bond, drawn by one Banks, for $ 1050. 2nd.
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J-From Warren. This was an action of assumpsit, brought in the name of John V. Wilcox, Arthur Johnson and Major Drunkard, merchants, under the firm of «John Y. Wilcox, and Co.” and the Plaintiffs declared, 1st, as assignees, upon a special promise of Defendant, at the time of his assignment of a bond, drawn by one Banks, for $ 1050. 2nd. Upon a general assignment. — They then offered in evidence, the bond of Banks, payable to the Defendant two days after 2d October, 1819, with the following endorsements, which were proved: “ Nov’r 6th, 1819,1 assign the within to Hinton & Brame. (Signed) “ J.…
1Opinion of the Court
Tayror, Chief-Justice.
This suit was brought in the name of the three persons specified in the writ, viz. Wilcox, Johnson and Drinkard, under the firm and description of “ John V. Wilcox & Co.;” but tiie Plaintiffs shew, from their own evidence, tiiat "John v. Wilcox & Co.” was a firm composed of John Y. Wilcox and Thomas Wilcox, consequently one of the persons, with whom the contract was entered into, was not made a party Plaintiff. Whenever it appears on the face of the pleadings, that there are other parties to the contract, who are not joined in the action as Plaintiffs, it may bo demurred…
2Cited by2 opinions
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- Cowper v. . EdwardsSuperior Court of North Carolina · 1792