Fischer v. Sheidley

Citations

• 78 Kan. 610
• 97 P. 800
• 1908 Kan. LEXIS 115

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Administrators — Trustee of Proceeds of a Judgment — Assignment — Revivor. Where a plaintiff sues upon a note, having the legal title thereto but no beneficial interest therein, and upon the death of the real owner executes an assignment of the cause of action to his legatee, and thereafter such plaintiff dies and the action is revived and prosecuted to judgment in the name of his administrator, no revivor being had in the name of his assignee, the proceeds of such judgment when collected by the administrator do not become a part of the assets of the estate, but are held by him in trust for such, assignee.</p>