Kurtz v. PARKER PLUMBING & HEATING COMPANY

Felton, Chief Judge.

The appeal in this case is from the court’s judgment granting defendant’s motion for a summary judgment. The theory on which the court granted the motion is that the cause of action had been assigned to the Northern Insurance Company and that this action instituted by the insurance company, for its use, in the name of the owner of the property insured under a fire insurance policy, allegedly damaged by fire by reason of the alleged negligence of the defendant, was not maintainable due to the alleged assignment of the cause of action to the insurance company before the…