OVERTON v. TARKINGTON

No. 162.

106 S.E.2d 717 (1959)

249 N.C. 340

Levy L. OVERTON v. R. O. TARKINGTON and wife, Mary Marsh Tarkington (Original Defendants), and Starlite Theatres, Inc. (Additional Defendant).

Supreme Court of North Carolina.

January 14, 1959.


Attorney(s) appearing for the Case

Rom B. Parker, Enfield, and J. C. Taylor, Halifax, for plaintiff appellee.

Daniel R. Dixon, Raleigh, for original defendants, appellants.

George C. Hampton, Jr., Greensboro, for additional defendant, appellee.


RODMAN, Justice.

It is not asserted the contract sued on is a negotiable instrument. Plaintiff seeks to recover as an assignee of a chose in action. The rights of the parties are to be determined on that assertion.

Plaintiff, as an assignee, is by statute, G.S. § 1-57, given the right to maintain the action in his name but that right is circumscribed by the express provision that it shall be without prejudice to any offset or other defense existing at...

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