# Brown v. Larkin

> Ohio Circuit Courts · January 15, 1900 · 20 Ohio C.C. 663

URL: https://www.frixlaw.com/law-library/cases/9289870

## Case

- **Full name:** CHARLES EDGAR BROWN, Assignee v. JOHN A. LARKIN and Others
- **Court:** Ohio Circuit Courts
- **Decided:** January 15, 1900
- **Citations:** 20 Ohio C.C. 663
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Giffen, Smith, Swing
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9289870

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9289870. Public record. Not legal advice.