PARKER PLUMBING & HEATING COMPANY v. Kurtz, 24830.
Decision Date | 14 January 1969 |
Docket Number | 24830. |
Citation | 165 S.E.2d 729,225 Ga. 31 |
Parties | PARKER PLUMBING & HEATING COMPANY v. KURTZ. |
Court | Georgia Supreme Court |
Hurt, Hill & Richardson, James C. Hill, Arnold Wright, Jr., for appellant.
Woodruff, Savell, Lane & Williams, Lawson A. Cox, Henry Angel, for appellee.
Certiorari was granted to the Court of Appeals in the present case to correct the holding that the agreement executed by the insured and set out in detail in the opinion of the Court of Appeals (Kurtz v. Parker Plumbing & Heating Co., 118 Ga. App. 130 (162 SE2d 755)), was not an assignment of the cause of action.
The agreement which embodied more than a mere assignment of the cause of action was still an assignment of such cause of action, and the assignee must bring the action in its name. See Sullivan v. Curling, 140 Ga. 96, 101 (99 SE 533, 5 ALR 124). Therefore, the Court of Appeals erred in reversing the grant of the summary judgment for the defendant where the undisputed proof showed that the plaintiff no longer had any interest in the cause of action.
Judgment reversed. All the Justices concur.
To continue reading
Request your trial-
Rabun & Associates Const., Inc. v. Berry, No. A05A1079.
...v. Carlton, 141 Ga.App. 41, 232 S.E.2d 384 (1977); Lindsey v. Samoluk, 236 Ga. 171, 223 S.E.2d 147 (1976); and Parker Plumbing etc. Co. v. Kurtz, 225 Ga. 31, 165 S.E.2d 729 (1969), all are distinguishable as they specifically refer to assignment or subrogation of the claim or the right to r......
-
Southeast Transport Corp. v. Hogan Livestock Co., Inc.
...obtain if the language had been like that in Kurtz v. Parker Plumbing & Heating Co., 118 Ga.App. 130, 162 S.E.2d 755, reversed in 225 Ga. 31, 165 S.E.2d 729. 2. The allowing of some repetition in the examination of a witness on direct examination is within the sound discretion of the judge,......
-
Liberty Mut. Ins. Co. v. Clark
...306, 147 S.E.2d 860 (1966); see also Kurtz v. Parker Plumbing & Heating Co., 118 Ga.App. 130, 162 S.E.2d 755 (1968), revd. 225 Ga. 31, 165 S.E.2d 729 (1969). In that event the agreement would have been unenforceable because "a right of action for personal torts ... may not be assigned." Cod......
-
Kelley v. Blue Line Carriers, LLC, A09A1070.
...etc., 118 Ga.App. 130, 131(1), 162 S.E.2d 755 (1968), which was reversed by the Supreme Court of Georgia in Parker Plumbing, etc. v. Kurtz, 225 Ga. 31, 165 S.E.2d 729 (1969). ...