Eaton v. Alger
New York Supreme Court
APPEAL from a judgment entered upon the verdict of a jury. .The action was brought in 1858, by Josiah Eaton, then in life, against the defendant John P. Alger, and Wilks 8. Alger, since deceased, on a promissory note, purporting to be made by the defendant John P. Alger, and indorsed by Wilks S. Alger, for $629.75. The defendants answered separately, and set up the same defenses, namely: Eirst, that the note was void for usury taken by the payee, Clark; and, secondly, that…
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APPEAL from a judgment entered upon the verdict of a jury. .The action was brought in 1858, by Josiah Eaton, then in life, against the defendant John P. Alger, and Wilks 8. Alger, since deceased, on a promissory note, purporting to be made by the defendant John P. Alger, and indorsed by Wilks S. Alger, for $629.75. The defendants answered separately, and set up the same defenses, namely: Eirst, that the note was void for usury taken by the payee, Clark; and, secondly, that the plaintiff was not the real party in interest, but that the note, at the time of the commencement of the action,…
1Opinion of the Court
By the Court, James, J.
The real question in this case is, whether the defendant should have been allowed to prove that the plaintiffs were not the real owners of the note in suit.
As the Code stood when this action was commenced, every action was required to be brought in the name of the real party in interest, except as otherwise provided. (pode, § 111.) Eo other provision covered a case like this. It would therefore seem very clear, that a defendant, on such an issue made by the pleadings, would have the right to show that the plaintiff was not the real party in interest, particularly if he…
2Cases cited2 opinions
- City Bank of New Haven v. . PerkinsNew York Court of Appeals · 1864
- Killmore v. CulverNew York Supreme Court · 1857
3Cited by9 opinions
- Board of Commissioners v. JamesonIndiana Supreme Court · 1882
- Stewart v. PriceSupreme Court of Kansas · 1902
- James v. . ChalmersNew York Court of Appeals · 1852
- Skews v. DunnUtah Supreme Court · 1882
- Eagle Mining & Improvement Co. v. LundNew Mexico Supreme Court · 1908
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