24 Miss. 490 | Miss. Ct. App. | 1852
delivered the opinion of the com’t.
In this case Hastings, as payee of a promissory note, brought suit for the use of John O. Pierson against William A. Lake. On the trial the note was offered in evidence, and it appeared that Hastings had indorsed it in full to Reading and Peck, who had indorsed it in blank. The defendant objected to it as evidence, but the note was read to the jury. The defendant then proved that Hastings had indorsed the note in full to Reading and Peck, and delivered it to them for value received; that they indorsed it in blank and delivered it to John O. Pierson, and that Pierson and Reading and Peck are entitled to the proceeds of the note, each being entitled to about one half. He also proved that Hastings had no interest whatever in the note, and claimed no ownership or control over it, and that it had never been in his possession since the delivery of it to Reading and Peck. A judgment was rendered against the defendant.
Can this suit be maintained in the name of Hastings ? This court has repeatedly held, that no party in a court of law can maintain an action in his own name unless he has the legal title in himself. 10 S. & M. 585; 11 Ib. 452; 13 Ib. 43. Indeed, this seems to be a principle of universal recognition, in courts proceeding according to the course of the common law. The proof in this case shows that Hastings has no interest whatever in this note, either legal or equitable; but that the interest at law and in equity is in other parties, and that the legal title to the note is in John O. Pierson. Upon what ground can this court maintain their action ? It is said that justice has been done between the parties, that Lake owes the money to Pierson, and that the judgment recovered in the name of Hastings will inure to his use. But it was well re