Dinsmore v. Crawford

Opinion by

Judge Pryor:

Upon a review of the' authorities bearing upon the question involved in this case we have but little doubt as to the propriety of the judgment below. It is evident that no action could have been maintained against the corporation without an averment that the turnpike company recovered the consideration, and that by inadvertence or for some other reason the liability of the real party was not expressed in the note. There is nothing upon the face of the paper showing that the money was to be applied to the benefit of the corporation, or to discharge a debt due by the…