McKinney v. Alvis
Illinois Supreme Court
On the 2d of September, 1850, the defendant in error, who was the plaintiff in the court below, sued the plaintiff in error before a justice of the peace, on an account for eight dollars worth of rails, and obtained judgment for the sum of seven dollars and costs.
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On the 2d of September, 1850, the defendant in error, who was the plaintiff in the court below, sued the plaintiff in error before a justice of the peace, on an account for eight dollars worth of rails, and obtained judgment for the sum of seven dollars and costs. The plaintiff appealed to the circuit court, at the special term of Jefferson Circuit Court, held in December, 1851. The cause was heard before Marshall, judge, and a jury, and a verdict was rendered for eight dollars. The plaintiff in error moved for a new trial, and in arrest of judgment, which motions were overruled, and judgment…
1Opinion of the CourtTrumbull, J.
One Piper, since deceased, had a claim on McKinney for eight hundred rails, which Alvis, under a claim of purchase from Piper, called on McKinney to pay to him. McKinney agreed to deliver the rails to Alvis, but failing to comply with his contract, Alvis sued to recover their value.
The important question in the case, and the only one we deem it necessary to notice is, — Can Alvis maintain the action in his own name ?
It is a general rule that dioses in action, except negotiable instruments, are not assignable at law so as to authorize the assignee to maintain an action in his own name; but it…
2Cited by6 opinions
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- Knight v. St. Louis, Iron Mountain & Southern Railway Co.Appellate Court of Illinois · 1891
- Milford Co v. ShortSuperior Court of Delaware · 1917
- J. F. Lindley & Bros. v. SimpsonAppellate Court of Illinois · 1892
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