O'Shaugnessy v. Humes

Citations

• 129 F. 953
• 1904 U.S. App. LEXIS 4783

Syllabus

<p>1. Parties — Suit in Equity by Assignee — Necessity op Joining Assignor.</p> <p>One who has assigned all his legal and equitable interest in the subject-matter of a controversy and all rights of action, legal and equitable, with respect to such interest, is not an indispensable party to a suit in equity by the assignee to enforce the rights assigned.</p> <p>If 1. See Assignments, vol. 4, Cent. Dig. § 215.</p> <p>2. Equity Pleading — Speaking Demueeer.</p> <p>A speaking demurrer, or one setting up facts extrinsic to the bill, will be overruled for its defect of form without considering the merits of the defense, which can only be made by plea or answer.</p> <p>3. Demurrer — Questions Presented — Construction oe Contract.</p> <p>A court will not, on demurrer, construe an instrument set up in the pleading demurred to, and determine the rights of the parties thereunder, when it is obscure and ambiguous in its language, and so uncertain in meaning that it cannot be fairly interpreted without a knowledge of the surrounding facts and circumstances.</p>