Dix v. Mercantile Insurance
Illinois Supreme Court
These two cases came before the court, upon the same state of pleadings. Joel H. Dix, Horatio G. Sinclair and George J. Harris, plaintiffs in this suit, (who sue for the use of James E. South-worth, Albert Slauson, Yalorus Southworth and Harvey Farrington, Jr., carrying on business under the name and style of Southworth, Slauson & Co.,) by Cyrus Bentley, their attorney, complain of the Mercantile Insurance Company, a corporation established and existing under the laws of the…
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These two cases came before the court, upon the same state of pleadings. Joel H. Dix, Horatio G. Sinclair and George J. Harris, plaintiffs in this suit, (who sue for the use of James E. South-worth, Albert Slauson, Yalorus Southworth and Harvey Farrington, Jr., carrying on business under the name and style of Southworth, Slauson & Co.,) by Cyrus Bentley, their attorney, complain of the Mercantile Insurance Company, a corporation established and existing under the laws of the State of Illinois, defendants in this suit, who have been summoned, etc., of a plea of trespass on the case upon…
1Opinion of the CourtBreese, J.
We do not well see, how this action can be maintained and at the same time preserve an important principle which lies at the very foundation of suits at law. That principle is, that an action on a contract must be brought in the name of. the party in whom the legal interest in the contract is vested. 1 Ch. Pl. 3. A party suing, who, by his own showing, by the averments in his declaration, has no interest whatever in the cause of action, never can be permitted to recover in an action at law.
We think a case cannot be found decided in a court of law, where a person having no legal interest in…
2Cases cited2 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Howard v. Albany InsuranceNew York Supreme Court · 1846
3Cited by19 opinions
- Allemania Fire Insurance v. PeckIllinois Supreme Court · 1890
- Western Massachusetts Insurance v. RikerMichigan Supreme Court · 1862
- Cowan v. Iowa State InsuranceSupreme Court of Iowa · 1875
- Clauser v. StoneIllinois Supreme Court · 1862
- Hartford Fire Insurance v. FossIndiana Supreme Court · 1864
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