Sutton v. . Owen
Cases that cite this one
1 later published case cites this decision.
- Johnson v. . Lassiter (N.C. 1911)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This suit was instituted before the C. C. P.* and is governed by the law then existing. C. O. P., sec. 4.
*124 The objection that the bond sued on is not negotiable (being for the payment of money and to do something else) and therefore did not authorize the plaintiff to sue in his own name, is well taken. Knight v. Wilmington & Manchester Railroad Co., 1 Jones, R. 357.
Under the C. C. P., sec. 55, the “ real party in interest may sue.”
The fact being that the bond is not negotiable under the Rev. Code, ch. 13, sec. 1, the endorsement of the obligee, Carter, did not make him liable as surety, but he is liable ■only as guarantor and in that capacity he was entitled to notice of the default of the principal debtor.
There is error. Judgment reversed and judgment here Tor defendant Carter.
Per Curiam. Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.