Superior Court of North Carolina July 5, 1799 (Blake v. . Wheaton)

Jocelyn moved in arrest of judgment that the note was made payable by D. Wheaton and J. Tisdale, under the firm of Wheaton and Tisdale, to J. Tisdale, whereby the said James became the payee and payor; that the said James could not have maintained a suit to recover the *Page 135 contents of the note; neither can Blake and Green, as his assignees, for he cannot transfer that right to another which