Hunt v. Collins
Supreme Court of Iowa
Appeal from the Dubuque District Court. ■ The plaintiff sued on two promissory notes of five hundred dollars each, and one of nine hundred and forty two dollars, payable to Edward St. Michael, or order, and upon an open account for merchandise sold to defendant, by St. Michael, all which demands are alleged to be duly assigned to Hunt, the plaintiff.
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Appeal from the Dubuque District Court. ■ The plaintiff sued on two promissory notes of five hundred dollars each, and one of nine hundred and forty two dollars, payable to Edward St. Michael, or order, and upon an open account for merchandise sold to defendant, by St. Michael, all which demands are alleged to be duly assigned to Hunt, the plaintiff. The defendant contends, that Hunt cannot sue on these demands as in his own right, for that he holds them only as the assignee of St. Michael, for the benefit of creditors. And then he pleads that he does not owe the account, and that the notes…
1Opinion of the CourtWoodward, J.
The plaintiff’s petition was drawn as if he claimed to recover on the demand, sued in his own right, as he is not alleged to he an assignee, nor as claiming in any other representative character. The facts, it is apparent, would materially affect defendant’s right of defence on the notes. But no question is made as to the manner of getting at this. The defendant pleaded in abatement to the petition, that plaintiff had no right to recover in his own name alone, and as for his own benefit, but that he held in a representative character, and must sue as such. The plaintiff took issue on this…
2Cases cited1 opinion
- Bebb v. PrestonSupreme Court of Iowa · 1856
3Cited by6 opinions
- Myers v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1911
- Churchill v. FulliamSupreme Court of Iowa · 1859
- St. Louis & S. F. R. v. HerrCourt of Appeals for the Fifth Circuit · 1912
- Hardy v. WoodsSouth Dakota Supreme Court · 1914
- Le Mars Building & Loan Ass'n v. BurgessSupreme Court of Iowa · 1906
1 more not listed; retrieve them via the Exa API.