Godwin v. Vinson

Supreme Court of North Carolina

Godwin v. Vinson

111 S.E.2d 180, 251 N.C. 326, 1959 N.C. LEXIS 555

CourtSupreme Court of North Carolina

DecidedNovember 25, 1959

Docket534

StatusPublished

Cited by14 cases

This text of 111 S.E.2d 180 (Godwin v. Vinson) 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

Godwin v. Vinson, 111 S.E.2d 180, 251 N.C. 326, 1959 N.C. LEXIS 555 (N.C. 1959).

Pincite

Opinion

PeR Cueiam.

The appeal brings up for review the order refusing the amendment and the order dismissing tíre action. It is settled law in this State that one partner may not sue in his own name, and for his benefit, upon a cause of action in favor of a partnership. The plaintiff’s own evidence shows 'the partnership is the real party in interest. The plaintiff cannot maintain this action, hence nonsuit was proper. Chapman v. McLawhorn, 150 N.C. 166, 63 S.E. 721.

Affirmed.

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PeR Cueiam.

The appeal brings up for review the order refusing the amendment and the order dismissing tíre action. It is settled law in this State that one partner may not sue in his own name, and for his benefit, upon a cause of action in favor of a partnership. The plaintiff’s own evidence shows 'the partnership is the real party in interest. The plaintiff cannot maintain this action, hence nonsuit was proper. Chapman v. McLawhorn, 150 N.C. 166, 63 S.E. 721.

Affirmed.

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Bluebook (online)

111 S.E.2d 180, 251 N.C. 326, 1959 N.C. LEXIS 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/godwin-v-vinson-nc-1959.

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