State Ex Rel. Freebourn v. Merchants' Credit Service, Inc.

I am not able to agree with what is said in the majority opinion with reference to the effect of the assignments. In my opinion, the assignments in question gave defendant corporation the right to maintain actions on the claims in its own name. I think in order to arrive at the legislative intent in the enactment of section 9067, it is important to give consideration to the history of that section.

It first came into our Codes in 1864, under the Bannack Statutes, and then provided: “Every action shall be prosecuted in the name of the real party in interest, except as otherwise provided in this…