Carozza v. Boxley
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Western District of Virginia, at Lynchburg; Henry Clay McDowell, Judge. Action by A. T. Carozza, surviving partner of the firm of Carozza, Grassy & Co., against W. W. Boxley. Judgment for defendant, and plaintiff brings error. Carpenter and Boxley had a contract for certain construction work with the Norfolk & Western Railway Company.
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In Error to the District Court of the United States for the Western District of Virginia, at Lynchburg; Henry Clay McDowell, Judge. Action by A. T. Carozza, surviving partner of the firm of Carozza, Grassy & Co., against W. W. Boxley. Judgment for defendant, and plaintiff brings error. Carpenter and Boxley had a contract for certain construction work with the Norfolk & Western Railway Company. They sublet part of the work to Carozza, Grassy & Co. During the progress of the work Carozza, Grassy & Co., having become indebted to the Ben Williamson Company and the Field Grocery Company, assigned…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). We do not deem it necessary to consider the assignments of error in detail.
[1] The vital question is whether this assignment with “the order to pay” incorporated in it barred the plaintiff’s right to maintain this action. Under the common law there could be no question about the matter. These choses in action were not assignable. Tolson v. Elwes, 28 Va. 436.
[2] Therefore the whole question turns upon the construction of ' and limitation to be imposed upon section 2860, Va. Code 1904, touching the right of assignees to sue. Decisions from other states…
2Cases cited12 opinions
- Bentley v. Standard Fire InsuranceWest Virginia Supreme Court · 1895
- Clarke v. HogemanWest Virginia Supreme Court · 1878
- Western Union Telegraph Co. v. City of RichmondSupreme Court of Virginia · 1875
- Gordon v. RixeySupreme Court of Virginia · 1882
- Scraggs v. HillWest Virginia Supreme Court · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Nigh v. Koons Buick Pontiac GMC, Inc.Court of Appeals for the Fourth Circuit · 2003
- W. F. Pigg & Son, Inc. v. United States ex rel. LeachCourt of Appeals for the Tenth Circuit · 1936
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