Quan Wye v. Chin Lin Hee

Citations

• 123 Cal. 185
• 55 P. 783
• 1898 Cal. LEXIS 1010

Syllabus

<p>Action by Assignee—Whitten Promise to Pay Money—Beal Party in Interest.—The assignee of a written promise to pay money for goods sold is entitled to sue upon it, as the real party in interest, within the meaning of section 367 of the Code of Civil Procedure.</p> <p>Id.—Assignment by Partnership—Fictitious Name.—An assignee of a written instrument for the payment of money to a partnership by its firm name, though fictitious, may sue upon it, without regard to the right of the partnership to sue thereupon.</p> <p>Id.—Waiver of Objection—Appeal.—Any objection to the capacity of the partnership is waived, if not made in the courts below in any manner, and cannot be urged upon appeal for the first time.</p>