251 N.C. 326
111 S.E.2d 180
Supreme Court of North Carolina
Decided November 25, 1959
Supreme Court of North Carolina · decided 1959-11-25
Relies on R. G. Chapman & Co. v. McLawhorn
Good law ✅— No negative treatment on recordhow we know
Decided 1959-11-25
Cited by 24 later decisions — most recently January 2023
4 federal appellate · 15 state decisions
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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¶1 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.
¶2 Affirmed.