19 Wash. 125 | Wash. | 1898
The opinion of the court was delivered by
This action was brought to recover upon substantially the following state of facts. One Rundel executed a note to one Ross, who thereafter indorsed it to one Harrington, and Harrington indorsed it to one Elizabeth Flint. Prior to the maturity of the note said Flint sent it to the defendant for collection, and the defendant undertook to collect it according to the law and custom; but it is alleged that the defendant negligently failed to
There is no question of a conflict of jurisdiction nor does it appear that the deceased had any property in this state, or owed any debts here, and we are of the opinion that under the decided weight of authority the court erred in dismissing the action. Our statutes permit an assignee to sue in his own name. It is practically conceded by the respondent that a direct action upon the note might have been maintained by the assignee, but that the same rule does not follow with reference to this action. Under the general rule, by an assignment of a chose in action the whole interest of the assignor therein passes with it, including every remedy and security available by the assignor as incident thereto, although not specially named in the instrument
Reversed and remanded for a new trial.
Dunbar, Anders, Gordon and Reavis, JL, concur.