Board of Drainage Commissioners of Henry County Drainage District No. 1 v. Morris Construction Co.
Court of Appeals of Georgia
1Opinion of the CourtBell, J.
1. The general rule is that an action on a contract must be brought in the name of the party in whom the legal interest in the contract is vested. Civil Code (1910), § 5516. In this action by the Board of Drainage Commissioners of Henry County Drainage District No. 1, for the use of Bank of Stockbridge, upon a written contract, it being alleged that the plaintiff transferred - and assigned its interest in the contract to the Bank of Stockbridge before the action was brought, the general demurrer interposed to the petition was properly sustained. Ross v. Clover-Ball Co., 156 Ga. 109 (1) (118…
2Cases cited11 opinions
- Roberts v. StateSupreme Court of Georgia · 1905
- Dolan v. LifseyCourt of Appeals of Georgia · 1917
- Ford & Co. v. LawsonSupreme Court of Georgia · 1909
- Jones v. SchacterCourt of Appeals of Georgia · 1922
- Schmidt v. MitchellSupreme Court of Georgia · 1903
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3Cited by2 opinions
- Reserve Life Insurance v. PeavyCourt of Appeals of Georgia · 1956
- Roberts v. HillCourt of Appeals of Georgia · 1948