First Trust Co. v. Maxcy

The defendant contends that the court erred, (1) in holding that the complaint stated a cause of ac*286tion in favor of the plaintiff; (2) in holding that the plaintiff had legal capacity to sue; (3) in holding that there was no defect of parties plaintiff; and (4) in assessing costs against him in connection with the overruling of his demurrer. The defendant’s contentions require the determination of two questions. The first and principal question is whether the plaintiff, as trustee, is authorized to act for and in behalf of the bondholders under the trust deed in enforcing the guaranty signed…