Larned v. Carpenter

Citations

• 65 Ill. 543

Syllabus

<p>1. Party plaintiff—in action ex contractu. It is an inflexible rule that an action at law upon contract must be brought in the name of the person in whom the legal interest is vested.</p> <p>3. Where A had recovered judgment against B, 0 acting as his agent m procuring the same, and B afterwards transferred a note of §1000 owned by him to D, out of the proceeds of which D was to pay himself what B owed him, and hold the balance for B; and it was afterwards agreed by all the parties that D should pay A a certain sum, in discharge of the judgment, and A sent a written discharge of the same to his agent, 0, who delivered the same to B, upon D’s express promise to pay 0 the amount agreed upon, and C thereupon advanced the same to his principal, and, upon D’s subsequent refusal to pay him, brought suit therefor in the name of A, for his use: Held, that, as the legal interest in the contract was in C, and not in A, the action was improperly brought in A’s nam'e, and could not be maintained.</p>