Oliver v. Walsh

Citations

• 6 Cal. 456

Syllabus

<p>A cause of action arising out of a tort is not assignable.</p> <p>The language of § 4 of the Practice Act, as amended by the Act of 1855, is construed to mean a thing in action not arising out of express contract; and even this construction is derived by implication, for there is no statute which directly gives the right, or directly repeals the former rule.</p> <p>It follows that where an injury to joint property is alleged in the complaint, and it is averred that one of the joint owners has assigned his claim therefor to the other who brings this action for damages in his own name alone, the complaint is demurrable.</p>