22 Fla. 321 | Fla. | 1886
delivered the opinion of the court:
The cause of action sued on in this ease, and of which a copy is filed with the declaration, is an open account of H. P. Robinson & Bro. against J. P. Nix; the different items of goods, wares and merchandise named therein being charged on divers days from February 13th to July 22d, A. D. 1884. The action is brought by appellant “ as assignee of H. P. Robinson and C. F. Robinson, late partners, under the firm name of H. P. Robinson & Bro.” The amended declaration alleges that the appellee was on the said 22d day of July indebted to said H. P. Robinson & Bro. in the sum of six hundred dollars for goods bargained, sold and delivered to the appellee at his request and for money paid by them for him at his request, and there is also what is meant as a count upon an account stated between them and him, or between him and the assignee. There is also in this declaration an allegation that the firm on the latter day, they being unable to pay their debts in full, executed and delivered to the appellant as assignee for the benefit of their creditors their deed of assignment whereby they conveyed to him as such all their goods, wares, store accounts, bonds, notes, choses in action and other property of whatever nature or kind.
This declaration is demurred to, the ground discussed here being that the open account sued on is not assignable so as to vest the right of action in the assignee. The Circuit Judge sustained the demurrer and there was judgment that the defendant go hence without day and that he recover his costs.
We do not see that Sammis vs. L’Engle, 19 Fla., 804, has any bearing on this question.
The judgment is reversed.