Logan v. Wabash Western Railway Co.
Missouri Court of Appeals
Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (, 1) The plaintiff is not the real party in interest, •and, therefore, cannot maintain this action. R. S. 1879, secs. 3462, 3463 ; R. ¡á. 1889, secs. 1989, 1990 ; Perry on Trusts, sec. 328 ; Jones on Chat.
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Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (, 1) The plaintiff is not the real party in interest, •and, therefore, cannot maintain this action. R. S. 1879, secs. 3462, 3463 ; R. ¡á. 1889, secs. 1989, 1990 ; Perry on Trusts, sec. 328 ; Jones on Chat. Mort., sec. 699 ; Jones on Mortgages [4Ed.] secs. 695, 708 and 709 ; 4Kent, 310 ; Robinson v. Campbell, 8 Mo. 365 ; Walcop v. McKinney, 10 Mo. 230 ; Meyer v. Campbell, 12 Mo. 604 ; Harney v. Dutcher, 15 Mo. 90; Bergesch v. Keevil, 19 Mo. 127; Miles v. Davis, 19 Mo. 409 ; Gibbons v. Gentry, 20 Mo. 468 ; Richardson v.…
1Opinion of the CourtBiggs, J.
The plaintiff sues to recover the value of a saw and grist mill which, it was alleged, had been destroyed by fire through the negligence of the defendant in operating its road. It was averred that the mill belonged to the plaintiff, and was located near the- right of way of the defendant’s railroad ; that it was set on fire by sparks escaping from a defective locomotive; that the building, machinery, and a large quantity of corn, wheat, etc., were destroyed, of the value of $2,300. On the trial there was a judgment in the plaintiff’s favor for $900. The defendant on this appeal urges the…
2Cases cited9 opinions
- Gardner v. HearttNew York Supreme Court · 1846
- Yates v. JoyceNew York Supreme Court · 1814
- Chouteau v. BoughtonSupreme Court of Missouri · 1890
- Lane v. HitchcockNew York Supreme Court · 1817
- Masterson v. West End Narrow Gauge RailroadSupreme Court of Missouri · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Commercial Securities, Inc. v. MastOregon Supreme Court · 1933
- Lacey v. Great Northern Railway Co.Montana Supreme Court · 1924
- Chicago, R. I. & P. Ry. Co. v. EarlSupreme Court of Arkansas · 1916
- Guaranty Savings & Loan Ass'n v. City of SpringfieldSupreme Court of Missouri · 1940
- Heitkamp v. LaMotte Granite Co.Missouri Court of Appeals · 1894
4 more not listed; retrieve them via the Exa API.