Smith v. Westcott

Citations

• 34 Fla. 430

Syllabus

<p>AMENDMENT OF PLEADING — ASSIGNMENT OF CHOSES IN ACTION.</p> <p>1. By the 74th section of the Pleading and Practice Act (Chapter 1096 laws of 1861, Section 1043, R. S.) our trial courts are clothed with a very broad discretion in the matter of allowing amendments of the pleadings in civil causes; and, unless there is avery gross and flagrant abuse of the discretion, this court will not interfere with its excise.</p> <p>2. Under the 24th Circuit Court rule, where the defendants are alleged to be, and are sued as, partners, unless the alleged partnership is denied by plea or otherwise, it is to be taken as true, and requires no proof to establish it,</p> <p>3. Choses in action in the form of accounts, due bills and other acknowledgments of indebtedness are assignable, and may be sued upon and recovered by the assignee thereof in his own name and right under the provisions of Chapter 3241 laws of 1881. Section 981, R. S.</p>