Brown & Hamm v. Gummersell
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Leroy B. Valliant, Judge. If the garnishee is in donbt he has the means of bringing in all parties having an interest and have it determined. Wimer v. Priteh'artt, 16 Mo. 252. An agent .cannot bring suit in his own name when he has no beneficial interest.
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Appeal from the St. Louis Circuit Court, Hon. Leroy B. Valliant, Judge. If the garnishee is in donbt he has the means of bringing in all parties having an interest and have it determined. Wimer v. Priteh'artt, 16 Mo. 252. An agent .cannot bring suit in his own name when he has no beneficial interest. White v. Bennett, 1 Mo. 102; 6 Mass. 253; 10 Johns. 387. In the following cases examined touching the' right of holders of notes for collection to sue in their own names, the record shows, that they acted in a fiduciary capacity, or were in fact assignees. Webb v. Morgan, 14 Mo. 428; Beattie v.…
1Opinion of the CourtPeers, J.
Prom the record in this cause it appears that the, plaintiffs obtained a judgment in the St. Louis circuit court against one L. A. McGinnis, for the sum of one hundred and twenty-five dollars, on which an execution was issued and placed in the hands of the sheriff, who, failing to find property belonging to McGinnis upon which to levy the execution, garnished the respondents and summoned them to appear and answer at the return term of the writ. In due time the defendants filed their answer to the interrogatories as follows:
“To the said interrQgatori.esand each of them, these garnishees answer…
2Cases cited1 opinion
- Wolff v. VetteMissouri Court of Appeals · 1885
3Cited by6 opinions
- Bunker v. HiblerMissouri Court of Appeals · 1892
- McQuarry v. GeyerMissouri Court of Appeals · 1894
- Rees v. Peck-King Mortgage Co.Missouri Court of Appeals · 1921
- Taylor v. DollinsMissouri Court of Appeals · 1920
- Lindsay v. Continental National BankMissouri Court of Appeals · 1900
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