National Retailers Mutual Ins. v. Gross

The first question for determination is whether, in an action by the assignee of part of a tort claim against a tort-feasor, such tort-feasor may have the assignor of the claim made a party to the action.

The entire injury suffered by an individual as the result of a tortious act constitutes an indivisible chose in action. According to the petition Rothen retained an interest in the chose in action to the extent of $50, and the remainder was assigned to the plaintiff company. They became joint owners of the indivisible chose in action. Their unity of interest was such as to make it proper —…