Tyler v. Ricamore
Supreme Court of Virginia
Error to judgment of circuit court of Clarke county, rendered May 38th, 1889, in- an action wherein George C Ricamore was plaintiff, and Sidney F. Tyler, receiver of the Shenandoah Valley Railroad Company, was defendant.
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Error to judgment of circuit court of Clarke county, rendered May 38th, 1889, in- an action wherein George C Ricamore was plaintiff, and Sidney F. Tyler, receiver of the Shenandoah Valley Railroad Company, was defendant. At the calling of the case for trial certain assignments were produced, assigning so much of the claim of the plaintiff as should be necessary, out of any recovery which should be had in the case, to certain insurance companies as had paid policies of insurance on the property of the plaintiff so destroyed by fire. And, on the motion of the plaintiff, it was entered of record…
1Opinion of the CourtLacy, J.
The first error assigned is as to the action of the circuit-court in overruling the motion to dismiss the action for want of jurisdiction. The contention is not that the claim or chose-in action is not assignable; that is admitted, as it clearly is, for every demand connected with a right of property, real or personal, is assignable—that is, all rights of action which would survive to the personal representative are assignable, while it is otherwise with rights of action for injuries to the person, &c. And it is also conceded that an assignment of the whole claim would have been valid, and…
2Cases cited2 opinions
- United States v. Union Pacific RailroadSupreme Court of the United States · 1875
- Brighthope Railway Co. v. RogersSupreme Court of Virginia · 1881
3Cited by11 opinions
- Carozza v. BoxleyCourt of Appeals for the Fourth Circuit · 1913
- Stone Street Capital, Inc. v. Granati (In Re Granati)United States Bankruptcy Court, E.D. Virginia · 2001
- Bryant v. EllisCourt of Appeals of Kentucky (pre-1976) · 1927
- Kaufman v. CatzenWest Virginia Supreme Court · 1929
- Atlantic Coast Line Railroad v. WatkinsSupreme Court of Virginia · 1905
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