¶1In the case of Walker v. Mauro, decided at this term, it was held that, under our code, which blends law and equity, the assignee of a debt may maintain an action in his own name. This case appears to come within the same principle. The defendant demurred to the petition, and the demurrer was overruled. No other point appears to be presented than the question, whether a debt or account may be assigned, *141and whether the assignee may sue in his own name, under the code. The judgment is, with'.¡the concurrence of the other judges, affirmed.
19 Mo. 140
Smith v. Schibel
Decided October 15, 1853
Supreme Court of Missouri · decided 1853-10-15
Louis Laio Commissioner’s Court. The petition of Smith, the plaintiff below, stated that Schibel, the defendant, was indebted to Charles Luciane on account of borrowed money, and that Luciane assigned his claim to Selar Simons, who assigned the same to the plaintiff. The plaintiff prayed judgment. A demurrer to this petition being overruled, the defendant sued out a writ of error.
Decided 1853-10-15