Sheppard v. . Jackson

152 S.E. 801, 198 N.C. 627, 1930 N.C. LEXIS 432

• Court: Supreme Court of North Carolina
• Decided: April 23, 1930
• Status: Published

Opinion

Per Curiam.

The defendant, at the close of plaintiffs’ evidence, and at the close of all the evidence, made motions for judgment as in case of nonsuit. C. S., 567. The court below overruled the motions, and in this we can see no error.

C. S., 446 is, in part, as follows: “Every action must be prosecuted in the name of the real party in interest, except as otherwise provided,” etc.

O. S., 449: “An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, includes a person with whom, or in whose name, a contract is made for the benefit of another.” Martin v. Mask, 158 N. C., 436. Plaintiffs are “trustees of an express trust.”

The question as to amendment of pleadings is in the sound discretion of the court below. We note defendant’s several questions which he contends are involved on this appeal, they do not present any new or novel propositions of law and cannot be sustained.

The issues of fact were determined by the jury under proper instructions by the court below. We find in law

No error.