Rose v. Laffan

Citations

• 29 S.C.L. 424

Syllabus

<p>1. Bill of exchange payable to plaintiff, cashier, and accepted by defendants. On non-payment, action brought in plaintiff’s name for the use of the Bank of Charleston. The legal interest Was in the plaintiff, and the action was properly brought; the addition to his name of the word “cashier,” implied no benefit to the Bank of Charleston, being merely descriptio persona.</p> <p>2. Had it been expressed in the bill to have been payable to plaintiff, “Cashier of the Bank of Charleston,” the legal interest would still have been in him.</p> <p>3. The right of action, at laio, is vested solely in the party having the strict legal title and interest, in exclusion of the equitable claim.</p>