85 So. 480 | Ala. | 1920
Count B of the complaint shows upon its face that the plaintiff is suing for a tort or wrong committed against the Napier-McCall Company before its claim was assigned to him. In other words, it shows that the plaintiff is the assignee of a mere cause of action or chose in action and not of a promissory note, bond, or other contract, express or implied, for the payment of money as would authorize a suit in his own name under section 2489 of the Code of 1907. The count discloses in the plaintiff a mere equitable right which he could enforce only by suing in the name of his assignor. Snead v. Bell,
It is sufficient to say, for the purpose of another trial, that the foregoing principle will prevent the plaintiff's recovery in his own name upon the other counts which may not present a demand within the influence of section 2489 of the Code, if the question is properly pleaded, notwithstanding the said counts may not disclose the facts, as the evidence shows that he acquired a mere chose in action under the assignment from the Napier-McCall Company. The Judgment of the circuit court is reversed, and the cause is remanded.
Reversed and remanded.
McCLELLAN, SOMERVILLE, and THOMAS, JJ., concur.