Sullivan v. Curling
Supreme Court of Georgia
Questions certified by Court of Appeals (Case No. 9737). The Court of Appeals certified the following questions: “1. Is a chose in action, founded upon tort which involves the damage of personal property, assignable? “ (a) Where the petition of H. B. Curling shows that a partnership, composed of himself and J. H. McLean, had a right of action sounding in tort, against a- railrohd company, for the alleged negligent burning and destruction of a quantity gf wood belonging to…
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Questions certified by Court of Appeals (Case No. 9737). The Court of Appeals certified the following questions: “1. Is a chose in action, founded upon tort which involves the damage of personal property, assignable? “ (a) Where the petition of H. B. Curling shows that a partnership, composed of himself and J. H. McLean, had a right of action sounding in tort, against a- railrohd company, for the alleged negligent burning and destruction of a quantity gf wood belonging to the partnership, and stacked up on the right of way of the railroad company, and thereafter McLean sold to Curling 'all of…
1Opinion of the CourtGilbert, J.
The history of the subject of assignments of rights of action begins with the legal theory that rights of action cannot be assigned at all, on the ground that one who claims as the mere assignee of a right of action must fail in the attempt to enforce the right, because he is not in privity with the person against whom the obligation exists. In the course of ages evolution has wrought changes, and the changes have wrought some confusion. Mr. Street, in his admirable work on "Foundations of Legal Liability” (vol. 3, p. 86), after an elaborate and learned discussion of the subject and its…
2Cases cited20 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- Liverpool & London & Globe Insurance v. EllingtonSupreme Court of Georgia · 1894
15 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Wikstrom v. Yolo Fliers ClubCalifornia Supreme Court · 1929
- Lamon v. PerryCourt of Appeals of Georgia · 1924
- Harrington v. Central States Fire Ins. Co.Supreme Court of Oklahoma · 1934
- PARKER PLUMBING & HEATING COMPANY v. KurtzSupreme Court of Georgia · 1969
- Hubbard v. RuffCourt of Appeals of Georgia · 1958
43 more not listed; retrieve them via the Exa API.