147 S.E. 824 | N.C. | 1929
Civil action by plaintiff, receiver, to recover of J. A. Yarborough $60,625.84, moneys alleged to have been unlawfully abstracted and misappropriated by him while acting as president and treasurer of the Y. B. Corporation, and to hold the Eagle Indemnity Company liable for said defalcations to the extent of $10,000 on its written guaranty of the fidelity of said officer.
A demurrer was interposed chiefly upon the grounds (1) of an alleged defect of parties, and (2) of an alleged misjoinder, both of parties and of causes of action.
From a judgment overruling the demurrer, the defendants appeal, assigning errors. The demurrer was properly overruled on both grounds. C. S., 507 and annotations.
A "defect of parties" applies to necessary parties, and not to unnecessary ones. Winders v. Hill,
It is not a misjoinder of parties and causes for the receiver of a corporation to sue its president and treasurer for wrongfully abstracting and misappropriating funds of the corporation and at the same time join as party defendant his surety or the guarantor of his honesty and fidelity.Carswell v. Talley,
The case of Clark v. Bonsal,
Affirmed. *152