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Godwin v. Vinson
111 S.E.2d 180
N.C.
1959
Check Treatment
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.

Case Details

Case Name: Godwin v. Vinson
Court Name: Supreme Court of North Carolina
Date Published: Nov 25, 1959
Citation: 111 S.E.2d 180
Docket Number: 534
Court Abbreviation: N.C.
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