Webb v. Morgan, McClung & Co.
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. STATEMENT of the case. The defendants in error commenced suit against plaintiffs in error in St. Louis Court of Common Pleas on the 13th July, 1849, on a promissory note, dated 20th Eeb’y, 1848, payable to L. M. Wiley <§r Co., at the office of Loiter, Renick & Co., in St. Louis, Mo., for $344, eight months after date. On the 1st July, 1849, Wiley & Co. assigned the same to plaintiffs in court below.
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APPEAL from St. Louis Court of Common Pleas. STATEMENT of the case. The defendants in error commenced suit against plaintiffs in error in St. Louis Court of Common Pleas on the 13th July, 1849, on a promissory note, dated 20th Eeb’y, 1848, payable to L. M. Wiley <§r Co., at the office of Loiter, Renick & Co., in St. Louis, Mo., for $344, eight months after date. On the 1st July, 1849, Wiley & Co. assigned the same to plaintiffs in court below. The petition describes another note for $343, executed and endorsed as the one first named. By the answer of Webb, one of the plaintiffs in error, he…
1Opinion of the CourtRyland, J.
The only question arising in this case is, can an assignee to whom a promissory note has been assigned for collection, bring the suit on the note in his name as assignee, under the new statute regulating the “practice in courts of justice?” The appellants who were defendants below contend that the plaintiffs below cannot maintain their action, under the above mentioned statute, because they say that the said plaintiffs were not the party really interested in the suit.
The first section of the 3d art. of said act is as follows : “Every civil action must be prosecuted in the name of the real…
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