Larned v. Carpenter

This was assumpsit, in the Livingston county court, in the name of Carpenter, for the use of Esty, against Larned, and judgment recovered. Larned appealed to this court. The only question made is that the action was improperly brought in Carpenter’s name.

It is an inflexible rule that an action at law upon contract must be brought in the name of the person in whom the legal interest is vested. Dix, for use, etc. v. The Mercantile Ins. Co. 22 Ill. 272.

The bill of exceptions purports to contain all the evidence, from which it appears that, in 1862, Carpenter, who was a non-resident, recovered a…