{
  "id": 8656674,
  "name": "VAUGHAN & BARNES and MOSELEY BROTHERS v. J. R. DAVENPORT",
  "name_abbreviation": "Vaughan v. Davenport",
  "decision_date": "1911-11-22",
  "docket_number": "",
  "first_page": "156",
  "last_page": "157",
  "citations": [
    {
      "type": "official",
      "cite": "157 N.C. 156"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "150 N. C., 166",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11270204
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/150/0166-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:f269ceeaf3127423",
    "word_count": 386
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  "last_updated": "2023-07-14T17:57:03.195282+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "VAUGHAN & BARNES and MOSELEY BROTHERS v. J. R. DAVENPORT."
    ],
    "opinions": [
      {
        "text": "Clark, C. J.\nIn 1909 the defendant' entered into a contract with Moseley Brothers to deliver to them 100 bales of merchantable cotton at the warehouse-in Pactolus under the terms of the contract which is set out in the record. Thereafter Moseley Brothers transferred and assigned the contract to Yanghan & Barnes. This action is brought by them .jointly to recover damages by reason of the failure of the defendant to comply with this contract.\nThe plaintiffs put in evidence a letter from Vaughan & Barnes, dated 22 November, 1909, in which they notified the defendant that they had sold said cotton to Messrs. Hogan & Co., cotton buyers and exporters, and added: \u201cWe want to know by return mail what you propose to do in order that we may be able to tell the buyer here when he may expect delivery of this 100 bales of cotton in question.\u201d There was no evidence offered to show that the cotton had been resold to the plaintiffs.\nThe motion of the defendant for nonsuit should have been granted on the ground that \u201cthe evidence disclosed that the plaintiffs were not the owners of the claim sued on.\u201d Chapman v. McLawhorn, 150 N. C., 166, and numerous cases there cited. Revisal, 400, is explicit: \u201cEvery action must be prosecuted in the name of the real party in interest.\u201d The plaintiff\u2019s evidence showed that the right to demand this cotton or damages for its nondelivery had passed to Hogan & Go. by their assignment prior to the date when it was deliverable. The plaintiffs are neither legal nor equitable owners of the contract, nor are they trustees of an express trust.\nThey have \u201csawed the limb off between themselves and the tree.\u201d\nAction dismissed.",
        "type": "majority",
        "author": "Clark, C. J."
      }
    ],
    "attorneys": [
      "Jacob Battle and Moore & Long for plaintiffs.",
      "Ayc\u00f3ch & Winston and F. L. James & Son for 'defendant."
    ],
    "corrections": "",
    "head_matter": "VAUGHAN & BARNES and MOSELEY BROTHERS v. J. R. DAVENPORT.\n(Filed 22 November, 1911.)\nParties \u2014 Contracts \u2014 Assignment\u2014Persons Interested \u2014 Interpretation of Statutes.\nThe vendee under a contract for the sale and delivery of cotton cannot maintain an action thereon when it uncontradictedly appears from his own evidence that he has assigned the contract to a third person, not a party to the action, and has no further interest therein. Revisal, sec. 400.\nAppeal by defendant from Ferguson, J., at March Term, 1911, of Pitt.\nJacob Battle and Moore & Long for plaintiffs.\nAyc\u00f3ch & Winston and F. L. James & Son for 'defendant."
  },
  "file_name": "0156-01",
  "first_page_order": 196,
  "last_page_order": 197
}