Brown v. Larkin

Ohio Circuit Courts

Brown v. Larkin

20 Ohio C.C. 663

DecidedJanuary 15, 1900

StatusPublished

This text of 20 Ohio C.C. 663 (Brown v. Larkin) is published on Counsel Stack Legal Research, covering Ohio Circuit Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Larkin, 20 Ohio C.C. 663 (Ohio Super. Ct. 1900).

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Opinion

BY THE COURT.

1. An assignee for the benefit of creditors may sue, in his representative character, in all oases 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 oases 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)

20 Ohio C.C. 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-larkin-ohiocirct-1900.