Devine v. Martin
Texas Supreme Court
Appeal from Bexar. Suit by John T. Martin, assignee of Moulton, Barker & Heifer, against Daniel Devine and Joseph Devine, merchants trading under the style of Daniel Devine <& Bro., on an account for goods sold and delivered.
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Appeal from Bexar. Suit by John T. Martin, assignee of Moulton, Barker & Heifer, against Daniel Devine and Joseph Devine, merchants trading under the style of Daniel Devine <& Bro., on an account for goods sold and delivered. The account was dated New York, August 4,1851. The defendants joined in their answer, denying that Joseph Devine ever was a partner in the firm of Daniel Devine & Bro.; excepting to the suit being brought by the assignee of the account, in his own name ; denying all and singular, &c. The proof was that Daniel Devine purchased the goods, August 4, 1851, in New York, on a…
1Opinion of the CourtWheeler, J.
Repeated decisions of this Court have settled *30beyond a question, that the party in whom is the equitable title to a cause of action may maintain a suit thereon in his own name. It is true, the mere assignment or transfer of an account would not authorize a suit in the name of the assignee ; because the legal title cannot in that case, as in the case of a contract in writing, be transferred by assignment, Open accounts are not within the provision of the Statute, respecting the assignment of instruments in writing. (Hart. Dig. Art. 2522.) But in Merlin v. Manning, (2 Tex. R. 351,) it was held,…
2Cited by13 opinions
- Smalley v. TaylorTexas Supreme Court · 1871
- Mims v. SwartzTexas Supreme Court · 1873
- Peck v. PowellCourt of Appeals of Texas · 1924
- W. P. Converse & Co. v. SorleyTexas Supreme Court · 1873
- Miller v. LaughlinCourt of Appeals of Texas · 1912
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