Key ex rel. Heaton v. Continental Insurance
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Eon. E. C. Pepper, Judge. (1) The case is entitled “Frank Key, to the use ■of Warren Heaton, plaintiff,” hut the petition proceeds in the name of the plaintiff alone and no further statement or reason is given-why he sues to the use of another except as one draws his own inference from the facts s'tated as to his being interested only as mortgagee, and that interest he had parted with to Heaton.
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Appeal from Newton Circuit Court. — Eon. E. C. Pepper, Judge. (1) The case is entitled “Frank Key, to the use ■of Warren Heaton, plaintiff,” hut the petition proceeds in the name of the plaintiff alone and no further statement or reason is given-why he sues to the use of another except as one draws his own inference from the facts s'tated as to his being interested only as mortgagee, and that interest he had parted with to Heaton. It is apparent that Heaton is the real party in interest. “Every action shall be prosecuted in the name of the real party in interest,” except executors,…
1Opinion of the CourtGoode, J.
A. J. Fugitt was the owner of a two-story frame house, on which the Continental Insurance Company of New York wrote a policy of insurance, with a mortgage clause attached which made the loss payable to Frank Key, the respondent. The policy was issued April 22, 1901, and on the same day Fugitt put a mortgage on the house to Frank Key to secure a negotiable promissory note of $300, payable July 2, 1901. Before the maturity of the note Key indorsed and delivered it for value to Warren Heaton and also delivered the insurance policy as collateral security to Hea-ton who is still the owner of the…
2Cases cited18 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Cromwell v. . the Brooklyn Fire Ins. Co.New York Court of Appeals · 1870
- Cone v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1875
- Herkimer v. . RiceNew York Court of Appeals · 1863
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3Cited by16 opinions
- C & M DEVELOPERS, INC. v. Berbiglia, Inc.Missouri Court of Appeals · 1979
- Kintzel v. Wheatland Mutual Insurance Ass'nSupreme Court of Iowa · 1973
- American Central Insurance Company v. KirbyMissouri Court of Appeals · 1956
- Missouri State Life Insurance v. California State BankMissouri Court of Appeals · 1919
- Union Ins. Soc. of Canton v. SudduthSupreme Court of Alabama · 1925
11 more not listed; retrieve them via the Exa API.