Langdon v. Thompson
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county, to recover the value of certain wagon-wheels, alleged to be tbe property of plaintiff, and to have been unlawfully taken from his possession by the defendant. The complaint alleged title and possession in the plaintiff, but did not disclose that he held the property as an assignee, or that he sued as such.
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Plaintiff brought this action in the district court for Hennepin county, to recover the value of certain wagon-wheels, alleged to be tbe property of plaintiff, and to have been unlawfully taken from his possession by the defendant. The complaint alleged title and possession in the plaintiff, but did not disclose that he held the property as an assignee, or that he sued as such. The defendant in his answer justified the taking as sheriff of the county, by virtue of an execution issued to him on a judgment in an action in the same court in favor of George F. Smith and Frank B. Scribner,…
1Opinion of the CourtCornell, J.
As the assignee of Gaines, under a general -voluntary assignment for the benefit of creditors, the plaintiff was the trustee of an express trust. Gen. St. c. 43, § 11. As .such he held the legal title, and all the equitable interest of the assignor in respect to the property in question. Gen. St. c. 43, § 16. He was, therefore, the real party in interest, within the meaning of Gen. St. c. 66, § 26, and could maintain this action in his own name, without joining the persons for whose benefit it was prosecuted, and without disclosing his .representative character. Gen. St. c. 66, § 28.…
2Cases cited5 opinions
- Nye v. Van HusanMichigan Supreme Court · 1859
- Mann v. WitbeckNew York Supreme Court · 1853
- Butterfield v. MacomberNew York Supreme Court · 1861
- Van Dine v. WillettNew York Supreme Court · 1862
- Casey v. . JanesNew York Court of Appeals · 1868
3Cited by9 opinions
- Donohue v. LaddSupreme Court of Minnesota · 1883
- King v. MillerOregon Supreme Court · 1908
- Croft v. MillerSupreme Court of Minnesota · 1879
- Pitzl v. WinterSupreme Court of Minnesota · 1905
- Marsh v. Wilson Bros.Supreme Court of Minnesota · 1914
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