Davis v. Reynolds
New York Supreme Court
This was an action tried before Hiram Briggs, Esq., a justice of the peace of the town of Sherburne, Chenango county. The plaintiff in his complaint alleged that, on the 1st day of July, 1869, at the request of the defendant, he sold and delivered to the defendant one mowing machine at the agreed price of sixty-five dollars ; that, in consideration of such sale and delivery, the defendant promised to pay the plaintiff the said sum of sixty-five dollars by the- 1st day of…
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This was an action tried before Hiram Briggs, Esq., a justice of the peace of the town of Sherburne, Chenango county. The plaintiff in his complaint alleged that, on the 1st day of July, 1869, at the request of the defendant, he sold and delivered to the defendant one mowing machine at the agreed price of sixty-five dollars ; that, in consideration of such sale and delivery, the defendant promised to pay the plaintiff the said sum of sixty-five dollars by the- 1st day of September, 1869; that plaintiff had frequently demanded payment of defendant, and defendant had neglected and refused to…
1Opinion of the Court
H. G. Prindle, Co. J.
— The principal question arises upon the nonsuit granted by the justice. The attorney for the appellant claims that the plaintiff was a trustee of an express trust within section 113 of the Code, and that the suit was properly brought in his own name. The Code provides that “ every action must be prosecuted in the name of the real party in interest,” except that “an executor or administrator, a trustee of an express trust or a person expressly authorized by statute, may sue without joining with him the person for whose benefit the action is prosecuted ” (Gode, §§ 111,…
2Cases cited3 opinions
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Grinnell, Minturn & Co. v. SchmidtThe Superior Court of New York City · 1850
- Brown v. CherryNew York Supreme Court · 1868
3Cited by3 opinions
- Merchants' Bank v. McClellandSupreme Court of Colorado · 1886
- Walsh v. Reinhart & Co.City of New York Municipal Court · 1897
- Welsh v. ReinhardtCity of New York Municipal Court · 1897