Reserve Life Insurance v. Peavy

Certain of the grounds of demurrer raise the issue as to whether the plaintiff has “made a complete assignment of the cause of action sued upon and of all benefits due to him under the policy” so as to vest the right of recovery thereon solely in the assignee, the Macon Hospital. To decide this question it is necessary to analyze of what this cause of action consists. Code § 3-108 provides as follows: “As a general rule, the action on a contract, whether express or implied, or whether by parol or under seal, or of record, shall be brought in the name of the party in whom the legal interest in…