Legal Opinion
Reid v. Whisenant
Supreme Court of Georgia
Decided January 13, 1926No. 4930PublishedCited by 29 opinions
1Opinion of the CourtHines, J.
(After stating the foregoing facts.)
As a general rule, an action on a contract must be brought in the name of the party in whom the legal interest in such contract is vested. Civil Code, § 5516. To this general rule there are exceptions. Where the purchaser of the assets of a firm agreed to pay their debts, this court held that a creditor of the firm could by bill, to which the partners and purchaser were parties, enforce this agreement for his benefit. Bell v. McGrady, 32 Ga. 257. So where a married woman, having separate property, and being indebted to another by note, conveyed her separate…
2Cases cited12 opinions
- Morgan v. ArgardSupreme Court of Georgia · 1918
- Dunson v. LewisSupreme Court of Georgia · 1923
- Wilcox v. . CampbellNew York Court of Appeals · 1887
- Haas v. DudleyOregon Supreme Court · 1897
- Bell v. McGradySupreme Court of Georgia · 1861
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Stanley Clayman and Melvin Clayman v. Goodman Properties, IncCourt of Appeals for the D.C. Circuit · 1974
- J. C. Penney Casualty Insurance v. WoodardCourt of Appeals of Georgia · 1989
- Central Nat. Ins. Co. of Omaha v. DixonCourt of Appeals of Georgia · 1988
- Knight v. WingateSupreme Court of Georgia · 1949
- Federal Land Bank v. PaschallSupreme Court of Georgia · 1935
24 more not listed; retrieve them via the Exa API.