Cummings v. . Morris

There is no force in the objection that the action was not prosecuted in the name of the real party in interest, within the meaning of section 111 of the Code. Sargeant, the payee of the notes, indorsed and transferred them absolutely to Prime, in September, 1855, upon a good consideration; and a few days afterwards, Prime, for a valuable consideration, indorsed and transferred them to the plaintiff. The referee found that the transfer to Prime was not made under any collusion with Sargeant, or with any purpose or intent to assist him in avoiding the payment of any indebtedness to, or any…