Landauer v. Espenhain
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: E. G-. Siebeceeb, Judge. The plaintiffs are the members of several trading copart-nerships, which are creditors of one E. Steinkirchner, who was at one time a trader in Milwaukee. The defendants Espenhain and Bartels are also creditors of Steinkirchner. The defendant B'wrnham was the sheriff of' Milwaukee ■county. Steinkirchner absconded May 14,1889, taking with him a large amount of property or money.
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Appeal from a judgment of the superior court of Milwaukee county: E. G-. Siebeceeb, Judge. The plaintiffs are the members of several trading copart-nerships, which are creditors of one E. Steinkirchner, who was at one time a trader in Milwaukee. The defendants Espenhain and Bartels are also creditors of Steinkirchner. The defendant B'wrnham was the sheriff of' Milwaukee ■county. Steinkirchner absconded May 14,1889, taking with him a large amount of property or money. The defendants Espenhain and Bauriels commenced an action against Stein-kirchner on the 15th day of May, 1889, for the recovery…
1Opinion of the CourtNewmaN, J.
In this state every action must be prosecuted in the name of the real party in interest. R. S. sec. 2605. The real party in interest is the party who has the right to receive and control the recovery. The statute is imperative. Even though the vendor of a promissory note may retain some residuary, contingent, or equitable interest in the note, he cannot maintain an action upon it.' Pomeroy, Code Rem. (3d ed.), § 135; Gates v. N. P. R. Co. 64 Wis. 64; Cummings v. Morris, 25 N. Y. 625. The defense that the plaintiff is not the real party in interest is, in general, an absolute bar to the…
2Cases cited5 opinions
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Battle v. . CoitNew York Court of Appeals · 1863
- Sexton v. RhamesWisconsin Supreme Court · 1860
- Gates v. Northern Pacific RailroadWisconsin Supreme Court · 1885
- Meriden Steam Mill Lumber Co. v. GuySupreme Court of Connecticut · 1873
3Cited by7 opinions
- Chase v. DodgeWisconsin Supreme Court · 1901
- Gross v. HeckertWisconsin Supreme Court · 1904
- Mortgage Associates, Inc. v. Monona Shores, Inc.Wisconsin Supreme Court · 1970
- Curtley v. Security Savings SocietyWashington Supreme Court · 1907
- Marshfield Clinic v. DoegeWisconsin Supreme Court · 1955
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