Nixon v. Dillard

Citations

• 73 Miss. 803

Syllabus

<p>1. Chose in Action. Pleaching. Parties. Plaintiff without title.</p> <p>One who has not the legal title to a chose in action cannot maintain a suit in his own name for the use of the holder of the legal title. Bee7c v. Rosser, 68 Miss., 72, cited.</p> <p>2. Same. Contract of novation.</p> <p>Where the plaintiff has sued for the use of another, setting up in his declaration a contract of novation between all the parties, whereby the defendant, who was indebted to him, agreed to pay what he owed plaintiff to the usee, to whom plaintiff was indebted, and thé usee released plaintiff and agreed to accept the promise of the defendant, plaintiff fails to allege any right, legal or equitable, to the cause of action.</p> <p>3. Same. Evidence.</p> <p>When the evidence shows that the defendant was never indebted to the plaintiff, who sues for the use of another, but had agreed to buy certain machinery owned by plaintiff and mortgaged to the usee to secure a debt of plaintiff, and that it was agreed between all the parties that the plaintiff should sell the machinery to the defendant, who was to pay the price to the usee, who, in consideration of defendant’s promise, discharged his claim against the plaintiff, the defendant came under no obligation to plaintiff and plaintiff was without right to maintain the action.</p>