National Bank of the Republic v. Hapgood
Utah Supreme Court
Appeal from a judgment of the district court of tbe third district, Hon. Charles S. Zane, judge. The opinion .states the facts. Two objections to the decree are made: (1) The plaintiff had ceased to hare any interest in the litigation and could t not prosecute it further. The statute is express that the .suit must be prosecuted in the name of the real party in interest. Sec. 3160, 2 Comp. Laws, 1888; Webster v. Ilitch-•cocTc, 11 Mich. 56; Brewer y.
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Appeal from a judgment of the district court of tbe third district, Hon. Charles S. Zane, judge. The opinion .states the facts. Two objections to the decree are made: (1) The plaintiff had ceased to hare any interest in the litigation and could t not prosecute it further. The statute is express that the .suit must be prosecuted in the name of the real party in interest. Sec. 3160, 2 Comp. Laws, 1888; Webster v. Ilitch-•cocTc, 11 Mich. 56; Brewer y. Dodge, 28 Mich. 366; Per Joins y. Perkins, 16 Mich. 62; Sedgwick y. Cleveland. (2) Christian was a stranger to the debt. She was never liable as…
1Opinion of the Court
Bartch, J.:
This is an action to foreclose a mortgage given to secure a note for $1,000. The note was given by defendant Hapgood to defendant Thompson. Thompson assigned the note to defendant Christian, who assigned it to plaintiff. Thompson and Christian guaranteed payment. After this suit was commenced, Christian paid the note to plaintiff, and this action was continued in the name of plaintiff for the benefit of defendant Christian. A decree of foreclosure was made, and the mortgaged premises ordered sold. Defendant Burmester was a purchaser subject to the mortgage. Defendant Hapgood…
2Cases cited3 opinions
- Sherman v. MitchellCalifornia Supreme Court · 1873
- Hestres v. BrennanCalifornia Supreme Court · 1869
- Mastick v. ThorpCalifornia Supreme Court · 1866
3Cited by2 opinions
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- Reineke v. Commonwealth Insurance Co.North Dakota Supreme Court · 1924