Chase v. Dodge
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Crawford county: G-fio. OlemeNtsoN, 'Circuit Judge. Plaintiffs sue to recover for a bill of merchandise alleged to have been sold defendant through his agent Miller. They also claim to be assignees of several accounts contracted under similar circumstances, except as to the account of P. T. Andrews. The greater portion of this account was incurred by one Martin, who was also claimed to be defendant’s agent.
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Appeal from a judgment of the circuit court for Crawford county: G-fio. OlemeNtsoN, 'Circuit Judge. Plaintiffs sue to recover for a bill of merchandise alleged to have been sold defendant through his agent Miller. They also claim to be assignees of several accounts contracted under similar circumstances, except as to the account of P. T. Andrews. The greater portion of this account was incurred by one Martin, who was also claimed to be defendant’s agent. The defendant answered by way of general denial. During the progress of the trial the defendant obtained leave to amend his answer by…
1Opinion of the Court
BaRdeeít, J.
1. The rule that every action must be prosecuted in the name of the real party in interest, under sec. 2605, Stats. 1898, is imperative, but is satisfied -when it is shown that the party suing is the one who has the right to control and receive the recovery. Landauer v. Espenhain, 95 Wis. 169. Our statute was taken from New York. In Cummings v. Morris, 25 N. Y. 625, it was said:
“ If, as between the assignor and assignee, the transfer is complete, so that the former is divested of all control and right to the cause of action, and the latter is entitled to control it and receive its…
2Cases cited4 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1898
- Landauer v. EspenhainWisconsin Supreme Court · 1897
3Cited by55 opinions
- Sprint Communications Co. v. APCC Services, Inc.Supreme Court of the United States · 2008
- Necedah Manufacturing Corp. v. Juneau CountyWisconsin Supreme Court · 1932
- Gross v. HeckertWisconsin Supreme Court · 1904
- The ManduCourt of Appeals for the Second Circuit · 1939
- Cosmopolitan Trust Co. v. Leonard Watch Co.Massachusetts Supreme Judicial Court · 1924
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