Goebel v. Anderson

The opinion of the court was delivered by

Dawson, J.:

This appeal presents the question whether the nominal payee of a note and mortgage can maintain an action thereon when he is not stricti juris the real party in interest.

The instrument sued on was designated a second mortgage coupon bond for $10,700, with interest, “payable to the order of P. W. Goebel, trustee,” with the other usual recitals of monetary obligations, and signed by the defendants.

The trial court’s brief findings of fact summarized the case:

“Findings op Fact.

“1. That on or about July 1, 1922, E. T. Anderson and Cora F.…