P. C. Monday Tea Co. v. Milwaukee County Expressway Commission

Issues.

1. Is an appeal from a condemnation award an assignable cause of action ?

2. Assuming that Robert W. Monday is not the real party in interest, was it prejudicial error for the trial court to reduce the caption of the case so that only his name appeared thereon and to deny defendant the opportunity to identify the other interested parties ?

3. Was the closing argument of counsel for the plaintiff improper and prejudicial ?

Assignability of Cause of Action.

If a cause of action survives it is assignable. Lehmann v. Farwell (1897), 95 Wis. 185, 70 N. W. 170. Sec. 331.01, Stats., provides that…