Nelson v. Hirsch & Sons Iron & Rail Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.- — Now. N. D. Fisher, Judge. (1) ResjDondent can not maintain this action, because in his testimony he admitted that he was not the real party in interest, and that he with others had transferred or assigned the cause of action before the suit was filed, and this fact was pleaded by appellant as a defense to the action; therefore, the court erred in refusing appellant’s instructions that respondent was not entitled to recover under…
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Appeal from St. Louis City Circuit Court.- — Now. N. D. Fisher, Judge. (1) ResjDondent can not maintain this action, because in his testimony he admitted that he was not the real party in interest, and that he with others had transferred or assigned the cause of action before the suit was filed, and this fact was pleaded by appellant as a defense to the action; therefore, the court erred in refusing appellant’s instructions that respondent was not entitled to recover under the evidence adduced. R. S. 1899, sees. 540 and 541; Guerney v. Moore, 131 Mo. 668; Buffington v. Land Co., 25 Mo. App.…
1Opinion of the CourtBland, P. J.
(after stating the facts as above).— 1. Defendant contends that by plaintiff’s own evidence it is shown that he was not the real party in interest and that this fact having been alleged in the answer, the trial court should have sustained defendant’s instruction in the nature of a demurrer to the evidence.
The evidence of plaintiff shows that two franchises were obtained in Wichita by purchase, one a street railroad, purchased by a Mr. Woodman, the other an electric light franchise, purchased by a Mr. McKinney, but that the conveyance of both franchises was to the plaintiff and remained in his…
2Cases cited7 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Snider v. Adams Express Co.Supreme Court of Missouri · 1883
- Harrigan v. WelchMissouri Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Structural Polymer Group, Ltd. v. Zoltek Corp.Court of Appeals for the Eighth Circuit · 2008
- Hardwick v. American Can Co.Tennessee Supreme Court · 1904
- Moran Bolt & Nut Manufacturing Co. v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Adams Express Co. v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Underwood Typewriter Co. v. Century Realty Co.Missouri Court of Appeals · 1912
9 more not listed; retrieve them via the Exa API.