Barner v. Morehead

This was a suit upon two promissory notes made by Morehead, the defendant, payable to one Carter, receiver, &c., and his successors in office. Barner claims to be a successor. The complaint did not contain the appointment of Barner, as receiver, and we doubt whether it was not defective for that reason, not because the appointment was the *355foundation of the action, but of the power to sue. Perhaps that power, in such case, should be shown. The note was not payable to Barner, nor was it assigned to him. See Heron v. Vance, 17 Ind. 595; The Ohio, &c. Co. v. Fitch, 20 id, 498. The defendant…