Legal Opinion

Board of Drainage Commissioners of Henry County Drainage District No. 1 v. Morris Construction Co.

Court of Appeals of Georgia

Decided April 26, 1924No. 15206PublishedCited by 2 opinions

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

  1. Roberts v. StateSupreme Court of Georgia · 1905
  2. Dolan v. LifseyCourt of Appeals of Georgia · 1917
  3. Ford & Co. v. LawsonSupreme Court of Georgia · 1909
  4. Jones v. SchacterCourt of Appeals of Georgia · 1922
  5. Schmidt v. MitchellSupreme Court of Georgia · 1903

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3Cited by2 opinions

  1. Reserve Life Insurance v. PeavyCourt of Appeals of Georgia · 1956
  2. Roberts v. HillCourt of Appeals of Georgia · 1948

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