Dean v. Chandler
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) In an action on an assigned account a general denial will impose upon the plaintiff the burden of proving both the account and the assignment. Bond v. Long, 86 Mo. 266. Moreover, this was an action on the case, and not assignable. (2) The action on the second count is contrary to the statute, which provides : “Every action shall be prosecuted in the name of the real party in interest.”
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) In an action on an assigned account a general denial will impose upon the plaintiff the burden of proving both the account and the assignment. Bond v. Long, 86 Mo. 266. Moreover, this was an action on the case, and not assignable. (2) The action on the second count is contrary to the statute, which provides : “Every action shall be prosecuted in the name of the real party in interest.” R. S. 1889, sec. 1990. A mere agent cannot in his own name prosecute a suit to protect his principal. Bliss on Code Plead. [2 Ed.]…
1Opinion of the CourtThompson, J.
This was an action for damages for deceit. The substance of the petition is that the plaintiff and his associates authorized the defendants, as their agents and trustees, to purchase a mine from its owners upon the lowest and best terms; that, in pursuance of said agency and trusteeship, the defendants purchased the mine from the owners for the sum of $5,000 in cash and $5,000 in stock of a corporation thereafter to be formed to work said mine; that the defendants, designing and contriving to cheat the plaintiff out of the sum of $333.33, did falsely and fraudulently represent to the *341plaintiff…
2Cases cited6 opinions
- Snyder v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Lionberger v. PohlmanMissouri Court of Appeals · 1885
- Evans v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1885
- Blitt v. HeinrichMissouri Court of Appeals · 1888
- Board of President of St. Louis Public School v. Estate of Broadway Savings BankMissouri Court of Appeals · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Conaway v. Co-Operative HomebuildersWashington Supreme Court · 1911
- Steele v. BrazierMissouri Court of Appeals · 1909
- King v. GreavesMissouri Court of Appeals · 1892
- West Plains Bank v. EdwardsMissouri Court of Appeals · 1900
4 more not listed; retrieve them via the Exa API.