Grabow v. Bergeth

Bubee, Cb. J.

(dissenting in part). I agree with the majority opinion in holding, that there was error in the instructions of the court for which there must be a new trial; but on the question of the as-signability of a cause of action for deceit in the sale of bank stock I disagree, and dissent.

The majority opinion quotes from the footnotes to § 310 of the “Field Code” as follows, “This section is proposed to establish one rule for the assignability and the survivorship of things in action.” The opinion then proceeds to analyze and construe § 310 of the “Field Code” as it was written, and not…