Mathewson v. First Trust Co. of St. Joseph

GARDNER, Circuit Judge.

This is a suit in equity brought by the appellant Jacob A. Overlander against the appellee, First Trust Company, of St. Joseph, Missouri. While John E. Mathewson, as Administrator with the will annexed, is named in the caption of the pleadings as a plaintiff, an examination of the amended bill of complaint discloses that no right is asserted by or for him, and the bill of complaint does not even contain any allegation as to his citizenship. In his brief, appellant says: “By including the assignor in the title his elimination was of no moment and the trial proceeded…