Lewis v. . Blue
Supreme Court of North Carolina
This was a proceeding heard by Boykin, J., at the March Term, 1892, of the Superior Court of Moore County. The plaintiffs having a docketed judgment in the Superior Court of -the county of Moore, moved for leave to issue an execution thereupon. The defendant opposed this motion, alleging that the plaintiffs were not the owners of the judgment.
Read the full summary
This was a proceeding heard by Boykin, J., at the March Term, 1892, of the Superior Court of Moore County. The plaintiffs having a docketed judgment in the Superior Court of -the county of Moore, moved for leave to issue an execution thereupon. The defendant opposed this motion, alleging that the plaintiffs were not the owners of the judgment. The Court submitted an issue to the jury It appeared, from the case stated on appeal, that upon the trial of said cause, Julius Lewis, one of the plaintiffs, testified as follows: That the plaintiffs are the owners of said judgment, and never assigned…
1Opinion of the Court
Merrimon, C. J.:
Accepting the evidence as true, the plaintiffs’ attorneys had no authority to sell, transfer or assign their judgment; they simply had authority to collect the judgment in the way allowed by law and to take all proper legal steps for that purpose. They had not authority to take anything in payment of the judgment other than money, or less than the face value thereof, unless they had been specially authorized by the plaintiffs to do so. Bank v. Grim, 109 N. C., 93. So that the sale or assignment of the judgment was void and ineffectual.
The principal counsel, at a distance from…
2Cases cited3 opinions
- Beck v. . BellamySupreme Court of North Carolina · 1885
- Bradford v. . WilliamsSupreme Court of North Carolina · 1884
- National Bank of Chambersburg v. GrimmSupreme Court of North Carolina · 1891