50 Mich. 294 | Mich. | 1883
This suit was brought by plaintiff, as a second assignee from the Chicago, Michigan & Lake Shore Railroad Company, to recover the amount unpaid on certain stock assessments.
The assignment was made to one Mariner, who in turn assigned to complainant. Evidence was offered and rejected, showing the consideration of the assignment to have been certain transactions with a firm of Wells & French, of which Mariner was attorney, and plaintiff surviving partner. If the claim was assignable at all, we can see no reason why this testimony was improper. The assignments being to Mariner, and from him to plaintiff alone, it was not, we think, improper to show the consideration on which it was originally made. Usually a debtor has no concern with the consideration passing between his creditor and an assignee of the debt. But in this case the debtor, being a stockholder in the assigning company, had an interest in the management, and we are not prepared to say that he is not interested in knowing whether he is to be sued by a person from whom his company got value, or by an assignee who has no equities, and against whom the company should protect him.
The more important question is whether the liability could be assigned at all. This question was not distinctly presented on the former record in 44 Mich. 413.
Had the company undertaken to assign the stock sub
The judgment must be reversed with costs and a new trial granted.