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Smith, Defendant in Error, vs. Schibel, Plaintiff in Error

Supreme Court of Missouri1853-10
19 Mo. 140

Authorities cited

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Opinion

majority opinion

Gamble, Judge.

In the case of Walker v. Mauro, decided at this term, it was held that, under our code, which blends law and equity, the assignee of a debt may maintain an action in his own name. This case appears to come within the same principle. The defendant demurred to the petition, and the demurrer was overruled. No other point appears to be presented than the question, whether a debt or account may be assigned, and whether the assignee may sue in his own name, under the code. The judgment is, with.¡the concurrence of the other judges, affirmed.