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206 N.C. 330

173 S.E 342

Williams v. . Gooch

Supreme Court of North Carolina

Decided March 21, 1934

Supreme Court of North Carolina · decided 1934-03-21

Good law ✅— No negative treatment on recordhow we know

Decided 1934-03-21

How this case has been cited

Cited by 5 later decisions — most recently November 1966

5 state decisions

301934194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Pee CueiaM.

¶1 Three separate, distinct and disconnected causes of action are alleged in tbe complaint. It does not appear from tbe complaint that the corporate plaintiff bas any interest in either of these *331 causes of action. Only tbe individual plaintiff would be entitled to recover on either of the causes of action alleged in the complaint.

¶2 On the first cause of action which is for the breach of a contract between the individual plaintiff and two of the defendants, the plaintiff would be entitled to recover of these defendants only. Neither of the other defendants is liable to the plaintiff on this cause of action.

¶3 On the second cause of action, which is for a tort committed by two of the defendants, the plaintiff could recover of these defendants only. He could not recover of the other defendants on this cause of action.

¶4 On the third cause of action, which is for a wrongful and unlawful conspiracy to cheat and defraud the individual plaintiff, in which all the defendants participated, the plaintiff could recover of all the defendants. This is the only cause of action on which all the defendants are liable to the plaintiff.

¶5 The demurrer should have been sustained on the ground that there is a misjoinder of causes of action and of parties. See Harrison v. Transit Co., 192 N. C., 545, 135 S. E., 460. The judgment overruling the demurrer must be

¶6 Reversed.

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