Grain v. Aldrich

Citations

• 38 Cal. 514

Syllabus

<p>Assignment op Part of a Demand.—An assignment of part only of an entire demand is void at law, unless done with the consent of the debtor; hut such an assignment is valid in equity, without the consent of the debtor.</p> <p>Idem—Recovery upon ir.—A recovery upon an assignment of part of a demand could not be had at law, under the practice at common law, without averring and proving that it was made with the consent of the defendant; but such an averment was immaterial in equity, and hence, under the code of this State, the complaint is not demurrable, for lack of facts, if it fails to contain such averment.</p> <p>Idem. —In this State, the assignee of part of an entire demand may recover in his own name, without mating the holders of the remainder of the demand parties, if the assignment was made with the knowledge and consent of the debtor; but if not, then the other holders should he made parties, and if they arc not, tho complaint will be bad on demurrer, for want of parties.</p> <p>Complaint under the Code.—A complaint is not demurrable on the score of a want of facts, if upon the facts stated the plaintiff is entitled to any relief, cither at law oi: in equity.</p> <p>Complaint in an Action upon Assignment of Part of a Demand.—An averment in a complaint in an action upon an assignment of part of an entire demand in these words: “of which said assignment the defendants have had due notice,” is not an averment that the defendants assented to the assignment.</p> <p>Idem.—If all the parties interested in tho demand, whore there has been an assignment of a part of it, are not made parties to the action, the objection, under the code, to tho complaint, is not that it lacks facts, hut that it lacks parties, and will be waived unless the complaint is demurred to on that ground.</p> <p>Idem.—G. & M. sued A. W. & Co. upon an assignment of part of an entire demand against them, but did not aver that the assignment had been assented to by A. W. & Co., nor did they make