Opinion · Supreme Court of North Carolina

Andrews v. . McDaniel

68 N.C. 385

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1873-01-05
Topic
general

Boyden, 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 *386 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.

Citator

UpLaw has not yet analyzed Andrews v. . McDaniel. The absence of a flag is not a finding that it is good law.

Cited by
4 opinions