Andrews v. . McDaniel
Supreme Court of North Carolina
Civil action, tried before Olarhe, J., at Pall Term, 1872, of the Superior Court for Jones county. The suit was brought on a note made by the defendant and one Pritchett, for $700, payable to one Thomas Wilcox, on the — day of — 1861, the note not being indorsed. The plaintiff by his own evidence proved that his intestate in her lifetime bought the note from Wilcox, the payee, giving full value for it, in the notes of Wilcox and a balance in money.
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Civil action, tried before Olarhe, J., at Pall Term, 1872, of the Superior Court for Jones county. The suit was brought on a note made by the defendant and one Pritchett, for $700, payable to one Thomas Wilcox, on the — day of — 1861, the note not being indorsed. The plaintiff by his own evidence proved that his intestate in her lifetime bought the note from Wilcox, the payee, giving full value for it, in the notes of Wilcox and a balance in money. This evidence was objected to, but received by the Court. Defendant excepted. Defendant asked his Honor to instruct the jury that as the note had…
1Opinion of the CourtBoyden, J.
Two objections are made by the defendant against the recovery in this case. First, that as the action is upon a negotiable note, without indorsement, the action should have been in the name of the payee in the note, although it was proved that the plaintiff was the real party in interest. It is a sufficient answe.r to this objection that C.C. P., sec. 55, expressly provides that every action must be prosecuted in the name of the real party in interest, except as otherwise provided in sec. 57. This section is in these words: “ An executor or administrator, a trustee of an express trust, or a…
2Cited by4 opinions
- Jackson v. . LoveSupreme Court of North Carolina · 1880
- Kiff v. . WeaverSupreme Court of North Carolina · 1886
- Holly v. . HollySupreme Court of North Carolina · 1886
- Thompson v. . OsborneSupreme Court of North Carolina · 1910