Chicago & Northwestern Railway Co. v. Nichols

Citations

• 57 Ill. 464

Syllabus

<p>1. Jurisdiction in chancery—assignee of a contract—remedy at law. A railroad company entered into a contract in writing with a person, by the terms of which the latter was to manufacture for the company a certain number of cars. This contract was assigned by the party who was to manufacture the cars, to another, who furnished a part of the cars, and assigned his interest in the amount owing upon the contract to certain persons to whom he was indebted for materials, furnished for the construction of the cars. These creditors thereupon instituted their suit in chancery against the railroad company, to enforce the payment of the money due under the contract, to them: Meld, the complainants had no status in a court of equity. If there were any liona fide assignees of the contract, they could maintain a suit at law for their use.</p> <p>2. Splitting a cause oe action. A cause of action arising upon a contract which is an entirety, can not be severed by means of partial assignments, so as to become the foundation of several suits instead of one.</p>