Altheimer v. Teuscher
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Every civil action shall be prosecuted in the name of the real party in interest. R. S. 1889, sec. 1990. (2) One cannot prosecute a suit in his own name as agent of another. Furniture & Lumber Co. v. Radaz, 28 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Every civil action shall be prosecuted in the name of the real party in interest. R. S. 1889, sec. 1990. (2) One cannot prosecute a suit in his own name as agent of another. Furniture & Lumber Co. v. Radaz, 28 Mo. App. 210. (3) The complete change of parties plaintiff by the substitution of a new plaintiff for the one in whose name the action was commenced is a change of the cause of action, and therefore is not a proper amendment. Clements v. Creenwell, 40 Mo. App. 589-90; Courtney v. Sheehy, 38 Mo. App. 290.…
1Opinion of the CourtThompson, J.
This action was originally brought before a justice of the peace in the name of “Gus *285Altheimer, Agent,” to recover on an account. When the cause was called for trial in the circuit court the plaintiff was allowed to amend his statement by substituting in his place as plaintiff Jennie Altheimer, for whom he had acted as agent in the transaction which was the subject-matter of the suit. The defendant, appealing from the judgment subsequently rendered against him in the case, assigns this ruling for error.
We must hold this ruling erroneous on the authority of Clements v. Greenwell, 40 Mo. App.…
2Cases cited3 opinions
- Thieman v. GoodnightMissouri Court of Appeals · 1885
- Clements v. GreenwellMissouri Court of Appeals · 1890
- Courtney v. SheehyMissouri Court of Appeals · 1889
3Cited by4 opinions
- Webster v. Joplin Water Works CompanySupreme Court of Missouri · 1944
- B. F. Glover & Son Commission Co. v. Abilene Milling Co.Missouri Court of Appeals · 1909
- Hendrix v. CorningCourt of Appeals of Kansas · 1919
- Ivey v. WilliamsMissouri Court of Appeals · 1988