
    George E. Craig vs. David Twomey.
    An action commenced without authority of the plaintiff may be adopted by him after a motion to dismiss for that cause.
    Action of contract by indorsee against maker of a negotiable promissory note. At the trial in the court of common pleas in Essex at March term 1859 the plaintiff on cross-examination testified that the suit was not conducted for his benefit and at his expense, but in his name for a third person, who in turn testified that he had nothing to do with it. The defendant thereupon moved to dismiss the action; and the plaintiff’s counsel then announced that there might have been some misapprehension, but that the plaintiff now adopted the action as his own. Briggs, J. overruled the motion to dismiss, and permitted the trial to proceed, and it resulted in a verdict for the plaintiff. The defendant alleged exceptions.
    • B. F. Watson, for the defendant.
    
      J. W. Perry, for the plaintiff.
   Shaw, C. J.

The plaintiff had a good legal title as indorsee. It being doubtful at first whether he had authorized the suit, and a motion having been made to dismiss it, he declared by his attorney that he adopted the suit, which made him liable for costs and a good plaintiff. Exceptions overruled.  