Legal Opinion

Vimont v. Chicago & Northwestern R'y Co.

Supreme Court of Iowa

Decided June 21, 1886PublishedCited by 14 opinions

Appeal from Polh Circuit Court. Plaintiff, as assignee of one Darby Carr, brings tbis suit to recover damages for a personal injury sustained by said Darby Carr while in defendant’s employ as a laborer on -a gravel train, and which was occasioned, as it is alleged, by tlie negligence of his co-employes. Tliis appeal is from the order of the circuit court sustaining a demurrer to certain counts of defendant’s answer.

1Opinion of the Court

Reed, <7., iowa? assignagnshístate1" assignment is void: action on iniowa. It is alleged, in the third paragraph of the answer that the assignment by Carr to plaintiff of the claim on which the action is brought was executed, delivered and.aecepted by plaintiff, and its acceptanee took effect, in the state of Illinois, and that by the common law, which is in force in that , . „ . . ..... state, the assignment ot said cause ot action is void. The question raised by the demurrer to this paragraph is whether the plaintiff is precluded by these' facts from recovering on the cause of action sued…

2Cases cited4 opinions

  1. People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
  2. Vimont v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1884
  3. Weire v. City of DavenportSupreme Court of Iowa · 1860
  4. Carson v. McFaddenSupreme Court of Iowa · 1859

3Cited by14 opinions

  1. North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
  2. Galusha v. WendtSupreme Court of Iowa · 1901
  3. Wells v. Western Union Telegraph Co.Supreme Court of Iowa · 1909
  4. Croco v. Oregon Short Line RailroadUtah Supreme Court · 1898
  5. Potter v. Ajax Mining Co.Utah Supreme Court · 1900

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