§ 25-302 — Assignee of a thing in action

Nebraska § 25-302

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

The assignee of a thing in action may maintain an action thereon in the assignee's own name and behalf, without the name of the assignor.

Legislative History

Source: R.S.1867, Code § 30, p. 398; R.S.1913, § 7583; C.S.1922, § 8526; C.S.1929, § 20-302; R.S.1943, § 25-302; Laws 2006, LB 1115, § 9. Annotations: 1. Assignee may bring action in own name 2. Miscellaneous 1. Assignee may bring action in own name An assignee of a chose in action may maintain an action thereon in the assignee's own name when the assignment being sued upon is in writing. Hawley v. Skradski, 304 Neb. 488, 935 N.W.2d 212 (2019). A party who has in fact become the owner of a chose in action by assignment may bring action thereon in his own name without naming the assignor. Archer v. Musick, 147 Neb. 344, 23 N.W.2d 323 (1946). One furnishing labor or supplies to highway contractor may sue in his own name on surety bond as made for his benefit. West v. Detroit Fidelity & Surety Co., 118 Neb. 544, 225 N.W. 673 (1929). Assignee may maintain action in own name to recover funds due from school district to building contractor. Stansberry Lumber Co. v. School Dist. of McCook, 94 Neb. 24, 142 N.W. 302 (1913). An attorney to whom claims are unconditionally assigned may sue in his own name. Huddleson v. Polk, 70 Neb. 483, 97 N.W. 624 (1903). Assignee of nonnegotiable promissory note may maintain an action thereon in his own name. Barry v. Wachosky, 57 Neb. 534, 77 N.W. 1080 (1899). The assignee of a chose in action is the proper and only party who can maintain a suit thereon. Crum v. Stanley, 55 Neb. 351, 75 N.W. 851 (1898); Mills v. Murry, 1 Neb. 327 (1871). A contract of guaranty is assignable, and the assignee may maintain an action thereon in his own name. Weir v. Anthony, 35 Neb. 396, 53 N.W. 206 (1892). A mechanic's lien is assignable, and the assignee can maintain an action to foreclose the lien in his own name. Rogers v. Omaha Hotel Co., 4 Neb. 54 (1875). 2. Miscellaneous A written assignment must be proved by a preponderance of the evidence. Hawley v. Skradski, 304 Neb. 488, 935 N.W.2d 212 (2019). Assignment of a negotiable instrument may be made on a separate sheet of paper, but transferee is not protected against defenses which might be shown against payee. Plattsmouth State Bank v. Redding, 128 Neb. 268, 258 N.W. 661 (1935). A claim for earned official salary against county may be assigned, and such assignment is binding on county when county board is advised of such assignment. Woods v. Brown County, 125 Neb. 692, 251 N.W. 839 (1933).