Gray v. Garrison
Before: Burnett, Field
Synopsis
An agreement to pay a certain sum of money to a defendant, if he would withdraw his defence to a suit, is assignable, and such assignment gives a right of action in the name of the assignee.
Such assignor is a competent witness in an action by the assignee to recover the amount, as the action is not for an unliquidated demand.
Field, J., delivered the opinion of the Court—Burnett, J., concurring. The demand in suit was assignable, and its transfer gave a right of action in the name of the assignee. The assignor was a competent witness, and his testimony should have been admitted. The action is not brought for an unliquidated demand, and is not, therefore, embraced within the exception contained in the concluding clause of the fourth section of the Practice Act.
Judgment reversed, and cause remanded.
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