Kelly v. Continental Casualty Co.
Mississippi Supreme Court
From the circuit court of, second district, Yalobusha county. Hon. Sam 0. Cook, Judge. Kelly, the appellant, was plaintiff in the court below; the casualty company, appellee, was defendant there. From a judgment for defendant the plaintiff appealed to the supreme court. Kelly, a railroad fireman, held an accident insurance policy in the defendant company.
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From the circuit court of, second district, Yalobusha county. Hon. Sam 0. Cook, Judge. Kelly, the appellant, was plaintiff in the court below; the casualty company, appellee, was defendant there. From a judgment for defendant the plaintiff appealed to the supreme court. Kelly, a railroad fireman, held an accident insurance policy in the defendant company. Having - received, as he claimed, accidental injuries under the terms of the policy, the plaintiff conceived himself to be entitled to recover thereon a sum of money. He was indebted to a third party on open account and executed to that…
1Opinion of the CourtTruly, J.
The transfer which it is alleged operated as an assignment of the claim forming the subject-matter of this suit is not set out in the record, and there is confusion as to its exact recital and some doubt as to the real intention of the parties in executing the same. Granting the correctness of the legal proposition contended for by appellee — that the assignment had the effect of making the *440assignee the real owner of the chose in action and the proper party to prosecute the suit — still, when .he offered to renounce all interest in the claim, and a request was made for leave to change the…
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