Hubbard v. Bibb Brokerage Co.

(After stating the foregoing facts.)

The suit not being one to recover upon the contract represented by the assignment, the contents of which were alleged in the petition and a copy of which appeared as an exhibit, but being a suit by the assignee against the assignor, based upon the assignor’s alleged act in collecting from his debtor and converting to his own use a fund which he had assigned to the assignee, the *7amendment striking the allegations in the petition and in the copy of the assignment attached as an exhibit, to the effect that the fund assigned was earned by the defendant while in…