Suit By Assignee of Part of Claim

The general rule is that where part of a chose in action has been assigned, the assignor and the assignee may unite in a suit for the enforcement of the chose.[i]  In common law, to enforce a claim against the debtor, the assignee of a fund or debt must also make the assignor a party to the suit.   Likewise, under modern practice, where there has been a partial assignment leaving the assignor owner of a part of the claim, or where different parts of the claim have been assigned to different persons, an assignee in bringing suit should join either as plaintiffs or defendants all the parties in interest so that the entire matter may be settled at one time, a single decree may determine the duty of the debtor to each claimant, and protect the rights and interests of each party.  Where one has agreed, for a valuable consideration, that another shall have part of a debt or demand due him or her from a third person and has made a transfer of such part, manifest justice requires that the agreement should be enforced when it can be done without prejudice to the debtor.[ii]

[i] Ridgeland Box Mfg. Co. v. Sinclair Refining Co., 216 S.C. 20 (S.C. 1949)

[ii] Paramount Ins. Co. v. Parker, 236 Miss. 872 (Miss. 1959)


Inside Suit By Assignee of Part of Claim