Home/Supreme Court of Georgia/PARKER PLUMBING & HEATING COMPANY v. Kurtz

PARKER PLUMBING & HEATING COMPANY v. Kurtz

165 S.E.2d 729, 225 Ga. 31, 1969 Ga. LEXIS 364
CourtSupreme Court of Georgia
DecidedJanuary 14, 1969
Docket24830
StatusPublished
Cited by26 cases

This text of 165 S.E.2d 729 (PARKER PLUMBING & HEATING COMPANY v. Kurtz) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
PARKER PLUMBING & HEATING COMPANY v. Kurtz, 165 S.E.2d 729, 225 Ga. 31, 1969 Ga. LEXIS 364 (Ga. 1969).

Opinion

Nichols, Justice.

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.

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Bluebook (online)
165 S.E.2d 729, 225 Ga. 31, 1969 Ga. LEXIS 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-plumbing-heating-company-v-kurtz-ga-1969.