Harney v. Dutcher
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. STATEMENT OS’ THE CASE. Tliis was an action brought by plaintiff as administrator de bonis non of Duty’s estate, on a written instrument of defendant’s executed to John E. Darby, who was the preceding administrator of said estate, for the hire and conditional return of a slave, belonging to said estate.
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APPEAL from St. Louis Court of Common Pleas. STATEMENT OS’ THE CASE. Tliis was an action brought by plaintiff as administrator de bonis non of Duty’s estate, on a written instrument of defendant’s executed to John E. Darby, who was the preceding administrator of said estate, for the hire and conditional return of a slave, belonging to said estate. Plaintiff became administrator on the 22 day of June, 18b0, Darby having previously resigned; and the said obligation or instrument did not mature until the 14th day of July followirg: The said instrument of defendants, which was made a part of…
1Opinion of the CourtScott, J.
As to the point made under the new code of procedure, that the action must be prosecuted in the name of the real party in interest, and that consequently the suit may be brought in the name of the administrator de bonis non, he being now the real party, it may be observed, that the statute allows the trustee of an express trust to sue in his own name. A person with whom, or in whose name a contract is made for the benefit of another, is a trustee of an express trust. The promise, then, being made to Darby, the former administrator, he is either enitled to the benefit of it, in his own right,…
2Cited by9 opinions
- Rogers v. GosnellSupreme Court of Missouri · 1873
- McComas v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1874
- Snider v. Adams Express Co.Supreme Court of Missouri · 1883
- Foster v. BaileyMassachusetts Supreme Judicial Court · 1892
- Buddington v. MastbrookMissouri Court of Appeals · 1885
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