Lomas & Nettleton Co. v. Isacs

The plaintiff is not described in the writ as acting in a representative capacity, but throughout the pleadings and in the finding it is described as “The Lomas & Nettleton Company, Trustee.” Inasmuch as the judgment finds the issues for the plaintiff and reinstates the original mortgage given “to the plaintiff,” and the complaint alleges that the mortgage was given to the Lomas & Nettleton Company, trustee, which,allegation is admitted in the answer, the judgment must be held to be in favor of the Lomas & Nettleton Company as trustee. No question was raised in the proceedings before trial,…