Spitz v. Schwartz

This is an action of contract to recover upon an account annexed for merchandise sold and delivered to the defendant. Prior to bringing suit, the plaintiff had assigned the account. Nothing appeared in the pleadings, nor was any evidence offered to indicate the action had been brought by the plaintiff for the benefit of his assignee. The defendant asked for a finding on the ground that the plaintiff had no title and was not the proper party to bring the action. The court found for the plaintiff and reported the case to this court. No further question is presented.

At common law, the assignment…