Fannon v. Robinson
Supreme Court of Iowa
Appeal from Winnesheih District Court. The facts are stated in the opinion of the court. contended' that there was no authority to substitute, and that the action after the in-dorsement should have been continued in the name of the original plaintiff. Code of 1851, sections 1698 and 1699. As to the points raised on the pleadings and instructions, he cited chapter 108, section 1, Laws of 1852-3; .1 Greenl. Ev. section 26; 1 Barb. 526 and 537; 1 Stark.
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Appeal from Winnesheih District Court. The facts are stated in the opinion of the court. contended' that there was no authority to substitute, and that the action after the in-dorsement should have been continued in the name of the original plaintiff. Code of 1851, sections 1698 and 1699. As to the points raised on the pleadings and instructions, he cited chapter 108, section 1, Laws of 1852-3; .1 Greenl. Ev. section 26; 1 Barb. 526 and 537; 1 Stark. Ev. 127; 23 Wend. 425; 9 Cranch. 388; 1 John. 97; 1 Phil. Ev. 290; 4 Iowa 154.
1Opinion of the CourtWright, C. J.
This action was originally brought in the name of Gilliam, to recover the amount of a promissory note, payable to him or bearer. Subsequent to the commencement of the action, the note was sold and delivered to the plaintiff, Eannon. This fact being established, and a motion made to that effect, Eannon’s name was substituted as plaintiff, to which defendant objected.
To this course in this case we can see no valid objection. Actions are to be prosecuted in the name of the real party in interest. In actions at law this means the party having the legal interest. If pending the action there has…
2Cases cited2 opinions
- McKinney v. HartmanSupreme Court of Iowa · 1856
- Lyon v. BunnSupreme Court of Iowa · 1858
3Cited by7 opinions
- Fitzgerald v. McCartySupreme Court of Iowa · 1881
- Crary v. KurtzSupreme Court of Iowa · 1906
- Hicks v. Northwestern Mutual Life InsuranceSupreme Court of Iowa · 1914
- Dorr v. SimersonSupreme Court of Iowa · 1887
- Kenny v. Bankers Accident InsuranceSupreme Court of Iowa · 1907
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