Columbian Reinforced Concrete Co. v. Rose

Citations

• 187 F. 803
• 109 C.C.A. 563
• 1911 U.S. App. LEXIS 4238

Syllabus

<p>Assignments (§ 120*) — Action to Use of Assignee of Part of Claim.</p> <p>The fact that a plaintiff, who sues to the use of an assignee, assigned less than the full amount of the claim, as proved, to the use plaintiff, does not necessarily defeat the right to recover, not only part, hut the full amount, of the claim, where the use plaintiff consents to such disposition of.the recovery as will protect the right of the defendant to be exempt from a second suit; the plaintiff being the legal owner of the right of action on both the assigned and unassigned parts of the claim, so that the right and amount of recovery may be conclusively determined between the parties to such suit.</p> <p>I Ed. Note. — For other cases, see Assignments, Cent. Dig. §§ 206-209; Dec. Dig. § 120.*]</p> <p>Lanning, Circuit Judge, dissenting.</p>