Gary, Exec'r. v. . Johnson .

Supreme Court of North Carolina

Gary, Exec'r. v. . Johnson .

72 N.C. 68

DecidedJanuary 5, 1875

StatusPublished

This text of 72 N.C. 68 (Gary, Exec'r. v. . Johnson .) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gary, Exec'r. v. . Johnson ., 72 N.C. 68 (N.C. 1875).

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Opinion

Reade, J.

The device of suing in the name of the original obligees to the use of the beneficial plaintiffs instead of in the name of the beneficial plaintiffs themselves, amounts to nothing. The defendants, set off attached when the bonds were in the hands of the guardian of the feme beneficial plaintiff. And now it would be against conscience to allow them to be collected for her use out of the defendant, while she is indebted to the de*-fendant an equal amount.

There is error.

Pee Cukiam. Venire de novo.

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Reade, J.

The device of suing in the name of the original obligees to the use of the beneficial plaintiffs instead of in the name of the beneficial plaintiffs themselves, amounts to nothing. The defendants, set off attached when the bonds were in the hands of the guardian of the feme beneficial plaintiff. And now it would be against conscience to allow them to be collected for her use out of the defendant, while she is indebted to the de*-fendant an equal amount.

There is error.

Pee Cukiam. Venire de novo.

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Bluebook (online)

72 N.C. 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gary-execr-v-johnson-nc-1875.