Jett v. Theo. Maxfield Co.
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge; 1. There being a misjoinder of parties and actions, the court erred in refusing to strike out the second paragraph of the complaint or to require plaintiff to elect on which paragraph it would proceed. An open account is not assignable, so as to vest in the assignee the right to sue alone. The ássignor must be joined as a party to the suit.
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Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge; 1. There being a misjoinder of parties and actions, the court erred in refusing to strike out the second paragraph of the complaint or to require plaintiff to elect on which paragraph it would proceed. An open account is not assignable, so as to vest in the assignee the right to sue alone. The ássignor must be joined as a party to the suit. Kirby’s Digest, § § 509, 5999 and 6000; 65 Ark. 216; 47 Ark. 541; 46 Ark. 420; 16 Ark. 106; 10 Ark. 304. Misjoinder of causes is not a ground of demurrer, but must be reached by motion.…
1Opinion of the CourtRiddick, J.
This was an action by the Theo. Maxfield Company against C. E. Jett to recover the amount due on two accounts for goods and merchandise sold and delivered.
One of these accounts was for goods sold to defendant by the plaintiff, Theo. Maxfield Company, a corporation doing business at Batesville. The other account was for goods sold to the defendant by the Maxfield Grocery Company, a corporation formerly doing business at the same place. Plaintiff alleged that, though the latter was a separate corporation, the stockholders in both corporations were the same, and that the plaintiff was now the…
2Cases cited2 opinions
- St. L., I. M. & S. Ry. v. Camden BankSupreme Court of Arkansas · 1886
- Waldo v. ThweattSupreme Court of Arkansas · 1897
3Cited by7 opinions
- Shapard v. LesserSupreme Court of Arkansas · 1917
- Plunkett-Jarrell Grocery Co. v. TerrySupreme Court of Arkansas · 1953
- Mortensen v. BallardSupreme Court of Arkansas · 1945
- Martin v. StrattonSupreme Court of Arkansas · 1923
- Dewberry-Hargett Co. v. Arkansas State BankSupreme Court of Arkansas · 1924
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