Gray v. Garrison

9 Cal. 325 | Cal. | 1858

Field, J., delivered the opinion of the Court—Burnett, J., concurring.

The demand in suit was assignable, and its transfer gave a right of action in the name of the assignee. The assignor was a competent witness, and his testimony should have been admitted. The action is not brought for an unliquidated demand, and is not, therefore, embraced within the exception contained in the concluding clause of the fourth section of the Practice Act.

Judgment reversed, and cause remanded.