Burnap v. Cook
Illinois Supreme Court
Writ of Error to the Circuit Court of Winnebago county; the Hon. Benjamin R. Sheldon, Judge, presiding. William C. Cook instituted this action of assumpsit in the court below, against Francis Burnap, upon a promissory note executed by the defendant to James D. Rosenburg, by whom it was indorsed in blank.
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Writ of Error to the Circuit Court of Winnebago county; the Hon. Benjamin R. Sheldon, Judge, presiding. William C. Cook instituted this action of assumpsit in the court below, against Francis Burnap, upon a promissory note executed by the defendant to James D. Rosenburg, by whom it was indorsed in blank. The defendant pleaded, among other things, the general issue; that the note was assigned after maturity, and that the consideration for the note was the price and value of certain crops growing at date, upon a farm of the defendant in Winnebago county, then in possession of James D.…
1Opinion of the CourtJustice Walker
This court has repeatedly held, that the party having the legal title must sue in his own name. It may, in fact, be •regarded as the settled doctrine of the court. McHenry v. Ridgley, 2 Scam. 310; Campbell v. Humphries, id. 478. The doctrine has been uniformly maintained and generally acquiesced in for such a length of time, that it should not now be disturbed. As far as the interest of the debtor is concerned, it matters little in whom the equitable or beneficial interest may be vested. That is a question between the holder and beneficiary. The rule is equally well recognized, that the legal…
2Cases cited1 opinion
- Porter v. CushmanIllinois Supreme Court · 1858
3Cited by10 opinions
- Collins v. OgdenIllinois Supreme Court · 1926
- Schneider v. Lebanon Dairy & Creamery Co.Appellate Court of Illinois · 1898
- Ewen v. TempletonAppellate Court of Illinois · 1909
- Farber v. National Forge & Iron Co.Appellate Court of Illinois · 1893
- Rothschild v. BruschkeAppellate Court of Illinois · 1889
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