{
  "id": 2083699,
  "name": "GEO. W. McMINN v. JULIA A. FREEMAN, Exec'x, &c.",
  "name_abbreviation": "McMinn v. Freeman",
  "decision_date": "1873-01",
  "docket_number": "",
  "first_page": "341",
  "last_page": "342",
  "citations": [
    {
      "type": "official",
      "cite": "68 N.C. 341"
    }
  ],
  "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": [],
  "analysis": {
    "cardinality": 193,
    "char_count": 2764,
    "ocr_confidence": 0.449,
    "pagerank": {
      "raw": 4.4265276719536815e-08,
      "percentile": 0.2772885600666294
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    "sha256": "c221b3eac5d596e022cdc1f3359fe8aca64fa2da83c1e8789383754a22391c49",
    "simhash": "1:67e5a54c30d60c8e",
    "word_count": 513
  },
  "last_updated": "2023-07-14T18:26:25.985368+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "GEO. W. McMINN v. JULIA A. FREEMAN, Exec\u2019x, &c."
    ],
    "opinions": [
      {
        "text": "Reade, J.\nThe obligee in the bond sued on, delivered it to her son to deliver to a lawyer for collection; and the plaintiff says he bought it of the son, and he now holds it without endorsement. The question is, did the plaintiff acquire any title to the bond or any right to maintain an action on the same ?\nBefore the adoption of the Code, we suppose no one would have ventured the action. The Code, however, requires the \u201c real party in interest \u201d to sue. And if the plaintiff could show that he had any interest in the bond, he could maintain the action without an endorsement of the bond to him. But he has no interest whatever in the bond. The son was \u2019 not an agent to sell the bond, but simply to hand it over to a lawyer for collection. He was not the agent of the obligee to act for her generally; if he had been, there would have been some grounds for the plaintiff\u2019s claim. But he was agent for a special object only, and his powers were limited by his instructions. Story on Agency, 126.\nThere is no error.\nPer. Curiam.\nJudgment affirmed.",
        "type": "majority",
        "author": "Reade, J. Per. Curiam."
      }
    ],
    "attorneys": [
      "No counsel for appellant, in this Court.",
      "Coleman, for defendant."
    ],
    "corrections": "",
    "head_matter": "GEO. W. McMINN v. JULIA A. FREEMAN, Exec\u2019x, &c.\nThe purchaser o\u00ed a bond from one who is not an agent of the obligee, but to whom the bond had been given for the purpose of handing it to a lawyer for collection, acquires no interest therein, and cannot maintain an action for its recovery.\nCivil action tried before Cannon, J., at Spring Term, 1872, of the Superior Court of Henderson county.\nThe plaintiff brought suit on a note given by the testator of the defendant to one Frances Bane for $100, in a Justice\u2019s Court, from whence it was carried by the appeal of the defendant, to the Superior Court.\nIt appeared on the trial, that the plaintiff purchased the note of one J. D. Bane, a son of Frances Bane. The note was not endorsed, either by Frances, or J. D. Bane, though the plaintiff testified that it was his property, and that he gave valuable consideration for it \u2014 refusing to state, however, what that consideration wras.\nFrances Bane swore that the note was her property at the time the plaintiff stated he had purchased it; that at the \u2022suggestion of J. D. Bane, her son, she gave it to him to hand , to some lawyer in Hendersonville for collection, which he promised to do. She further stated that J. D. Bane was not her agent to sell the note, or dispose of it in any manner, nor was he then, or at any ether time, her agent for any purpose ; that she never sold nor gave said note to J. D. Bane, and that she had never parted with the title thereto.\nHis Honor charged the jury, that if they believed Frances Bane, the plaintiff could not recover. Plaintiff excepted.\nVerdict and judgment for defendant and appeal by the plaintiff.\nNo counsel for appellant, in this Court.\nColeman, for defendant."
  },
  "file_name": "0341-01",
  "first_page_order": 351,
  "last_page_order": 352
}