213 N.W. 710 | Mich. | 1926
This case is reported in
The evidence is here. It now appears that plaintiff signed an agreement to assign at any time the bureau of war risk insurance may require. This but follows the statute relative thereto (1 U.S. Comp. Stat. 1919, Supp., chap. 11B, § 514 [40 U.S. Stat. pp. 408, 613]). But plaintiff has not assigned, nor has the bureau required or sought assignment of him. He was the real party in interest. The error therefore was without prejudice.
Judgment affirmed, to be entered here against defendant and the surety on its bond. 3 Comp. Laws 1915, § 12795.
SHARPE, C.J., and BIRD, SNOW, STEERE, FELLOWS, WIEST, and McDONALD, JJ., concurred.