Haysler v. Dawson
Missouri Court of Appeals
Appeal from Henry Circuit Court, Hon. James B. Gantt, Judge. Statement of case by tbe court. This is an action in assumpsit for the recovery of various accounts for goods sold to the firm of Hamsel & Dawson, the petition alleging that said firm was composed of one Hamsel and the defendant, doing business as partners. The first count was for goods so sold by the plaintiffs.
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Appeal from Henry Circuit Court, Hon. James B. Gantt, Judge. Statement of case by tbe court. This is an action in assumpsit for the recovery of various accounts for goods sold to the firm of Hamsel & Dawson, the petition alleging that said firm was composed of one Hamsel and the defendant, doing business as partners. The first count was for goods so sold by the plaintiffs. The other counts were predicated of claims for goods so sold by other persons, which accounts were assigned to the plaintiffs. The answer of Dawson admitted that plaintiffs were partners. It then alleged that the accounts…
1Opinion of the CourtPhilips, P. J.
I. It is assigned for error that the court, on the conceded fact that plaintiffs were not the real owners for value of the assigned accounts, should have directed a verdict for defendant on those counts of the petition. Tlie contention of appellant is, that the practice act requires actions to be brought in the name of the real parties in interest. Rev. Stat., sec. 3462. It will be seen, however, that this very section makes an exception in favor of the right of action as in the succeeding section named. This section (sec. 2163) authorizes an executor, administrator, and a trustee of an…
2Cases cited6 opinions
- Neenan v. SmithSupreme Court of Missouri · 1872
- Robbins v. DeverillWisconsin Supreme Court · 1865
- State ex rel. Meinzer v. DivelingSupreme Court of Missouri · 1877
- Spitler v. YoungSupreme Court of Missouri · 1876
- Pierce v. Inhabitants of LutesvilleMissouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sprint Communications Co. v. APCC Services, Inc.Supreme Court of the United States · 2008
- Guerney v. MooreSupreme Court of Missouri · 1895
- James v. Lederer-Strauss & Co.Wyoming Supreme Court · 1925
- Roth v. Continental Wire Co.Missouri Court of Appeals · 1902
- Schepman v. Mutual Benefit Health & Accident Ass'nMissouri Court of Appeals · 1937
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