Mechanics' Bank ex rel. Davis v. Gilpin
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. — Hon. Daniel Dillon, Judge. (1) The Mechanics’ Bank, the plaintiff, is not the real party in interest. The judgment is for the Mechanics’ Bank, and, therefore, for the wrong party. This must lead to a reversal of the judgment of the court below. R. S. Mo. 1889, sec. 1990; Pomeroy on Remedies, sec. 128; Tutt v. Cousins, 50 Mo. 152; Charles v. Haskins, 11 Iowa, 834; Wright v. Parks, 10 Iowa, 342; Ford v. Johnson, 19 Johns.
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Appeal from St. Louis Circuit Court. — Hon. Daniel Dillon, Judge. (1) The Mechanics’ Bank, the plaintiff, is not the real party in interest. The judgment is for the Mechanics’ Bank, and, therefore, for the wrong party. This must lead to a reversal of the judgment of the court below. R. S. Mo. 1889, sec. 1990; Pomeroy on Remedies, sec. 128; Tutt v. Cousins, 50 Mo. 152; Charles v. Haskins, 11 Iowa, 834; Wright v. Parks, 10 Iowa, 342; Ford v. Johnson, 19 Johns. Rep. 344; Bobb v. Taylor, 56 Mo. 311; Ritch v. Eichelberger, 13 Fla. 173. (2) The foregoing objection, that the suit was brought by the…
1Opinion of the CourtThomas, J.
The following is the petition of the plaintiff in this case :
“Plaintiff states, on the seventh day of September term of the Jackson county, Missouri, circuit court, the same being the eighteenth day of September, A. D. 1865, and the said day being one of the regular court days of said September term of said court, the Mechanics’ Bank did then and there obtain against the said defendant a judgment in the sum of $2,120.25, and that afterwards, to-wit, on the twenty-seventh day of January, A. D. 1866, the said Mechanics’ Bank, in writing, and for a valuable consideration, did assign said…
2Cases cited6 opinions
- McClanahan v. WestSupreme Court of Missouri · 1889
- Mueller v. KaessmannSupreme Court of Missouri · 1884
- Hallowell v. PageSupreme Court of Missouri · 1857
- Weil v. SimmonsSupreme Court of Missouri · 1877
- Cruchon v. BrownSupreme Court of Missouri · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- Palatine Insurance v. Santa Fe Mercantile Co.New Mexico Supreme Court · 1905
- State ex rel. Bell v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1911
- Guilbert v. KessingerMissouri Court of Appeals · 1913
7 more not listed; retrieve them via the Exa API.