McLean v. Morrow

On Rehearing.

On his motion for rehearing, appellee ■“questions the correctness of the opinion in this case on the ground that a mere general denial was not sufficient to raise any issue as to the validity of the assignment.” In support of his proposition, he cites the following statement from 4 Am. Jur. 331: “Likewise, in an action by .the assignee the capacity of an assignor cannot be tried under a general denial but must be raised by a plea in abatement before the hearing on the merits.”

The text cites Multorpor Co. v. Reed, 122 Or. 605, 260 P. 203, 205, 55 A.L.R. 504, where the court said:…