Wiggins v. McDonald

Citations

• 18 Cal. 126

Syllabus

<p>Defendant being indebted to the E. M. Co., and they to plaintiff, all parties agreed that defendant should pay the amount of his indebtedness to the company to plaintiff: Held, that this was an equitable assignment of the debt, and that the only mode under our practice in which the assignment can be enforced, is by action in the name of the assignee to recover the debt.</p> <p>Under our system there is but one form of action to enforce private rights, whether legal or equitable; and the action must be in the name of the real party in interest, with certain statutory exceptions within which cases of assignment do not come.</p> <p>Any act amounting to an appropriation of a debt, will constitute an assignment of it—no particular form of transfer is essential.</p>