Brown v. Larkin

Hamilton Circuit Court

Brown v. Larkin

10 Ohio Cir. Dec. 829

DecidedJuly 1, 1900

StatusPublished

This text of 10 Ohio Cir. Dec. 829 (Brown v. Larkin) is published on Counsel Stack Legal Research, covering Hamilton Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Larkin, 10 Ohio Cir. Dec. 829 (Ohio Super. Ct. 1900).

Pincite

Opinion

By the court.

1. An assignee for the benefit of creditors may sue, in his representative character, in all cases where the money, when recovered, would be assets.

2. A plaintiff’s fiduciary capacity is not shown by the descriptive words “ assignee of” unless preceded by the word “ as ” or unless there is a proper averment of such capacity in the bill of particulars, and if not so shown he can not perfect an appeal without bond.

Judgment affirmed.

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By the court.

1. An assignee for the benefit of creditors may sue, in his representative character, in all cases where the money, when recovered, would be assets.

2. A plaintiff’s fiduciary capacity is not shown by the descriptive words “ assignee of” unless preceded by the word “ as ” or unless there is a proper averment of such capacity in the bill of particulars, and if not so shown he can not perfect an appeal without bond.

Judgment affirmed.

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Bluebook (online)

10 Ohio Cir. Dec. 829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-larkin-ohcircthamilton-1900.