Page v. Danforth
Supreme Judicial Court of Maine
Writ op Error. The error assigned was that the original action was illegally brought in the name of the defendants in error, they having no interest in the claim sued, except as assignees under the statute, of Rufus K. Page, and that there is no consideration or promise to pay them, set out in the declaration.
1Opinion of the CourtAppleton, C. J.
The demand in suit was a chose in action due from the plaintiff in error to Rufus K. Page. The writ alleged an assignment to the defendants of the claim sued for in the original action and a promise to the assignor, but it does not contain any promise to pay the assignees after the assignment, and it is sought to reverse the judgment for that cause.
The assignee of a chose in action may maintain a suit in his own name, upon the promise of the debtor to pay the same to him. Lang v. Fiske, 11 Maine, 385.
The Court will not reverse a judgment for any want of form, which might have been amended.…
2Cases cited1 opinion
- Flower's Executors v. GarrNew York Supreme Court · 1839