Sprint Communications Co. v. APCC Services, Inc.
Full Opinion (html_with_citations)
delivered the opinion of the Court.
The question before us is whether an assignee of a legal claim for money owed has standing to pursue that claim in federal court, even when the assignee has promised to remit the proceeds of the litigation to the assignor. Because history and precedent make clear that such an assignee has long been permitted to bring suit, we conclude that the assignee does have standing.
I
When a payphone customer makes a long-distance call with an access code or 1-800 number issued by a long-distance communications carrier, the customer pays the carrier (which completes that call), but not the payphone operator (which connects that call to the carrier in the first place). In these circumstances, the long-distance carrier is required to compensate the payphone operator for the customerâs call. See 47 U. S. C. § 226; 47 CFR § 64.1300 (2007). The payphone operator can sue the long-distance carrier in court for any compensation that the carrier fails to pay for these âdial-aroundâ calls. And many have done so. See Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., 550 U. S. 45 (2007) (finding that the Communications Act of 1934 authorizes such suits).
Because litigation is expensive, because the evidentiary demands of a single suit are often great, and because the resulting monetary recovery is often small, many payphone operators assign their dial-around claims to billing and collection firms called âaggregatorsâ so that, in effect, these
The present litigation involves a group of aggregators who have taken claim assignments from approximately 1,400 payphone operators. Each payphone operator signed an Assignment and Power of Attorney Agreement (Agreement) in which the payphone operator âassigns, transfers and sets over to [the aggregator] for purposes of collection all rights, title and interest of the [payphone operator] in the [payphone operatorâs] claims, demands or causes of action for âDial-Around Compensationâ . . . due the [payphone operator] for periods since October 1, 1997.â App. to Pet. for Cert. 114. The Agreement also âappointsâ the aggregator as the payphone operatorâs âtrue and lawful attorney-in-fact.â Ibid. The Agreement provides that the aggregator will litigate âin the [payphone operatorâs] interest.â Id., at 115. And the Agreement further stipulates that the assignment of the claims âmay not be revoked without the written consent of the [aggregator].â Ibid. The aggregator and payphone operator then separately agreed that the aggregator would remit all proceeds to the payphone operator and that the payphone operator would pay the aggregator for its services (typically via a quarterly charge).
After signing the agreements, the aggregators (respondents here) filed lawsuits in federal court seeking dial-around compensation from Sprint, AT&T, and other long-distance carriers (petitioners here). AT&T moved to dismiss the claims, arguing that the aggregators lack standing to sue under Article III of the Constitution. The District Court initially agreed to dismiss, APCC Servs., Inc. v. AT&T Corp.,
II
We begin with the most basic doctrinal principles: Article III, §2, of the Constitution restricts the federal âjudicial Powerâ to the resolution of âCasesâ and âControversies.â That case-or-controversy requirement is satisfied only where a plaintiff has standing. See, e. g., Daimler Chrysler Corp. v. Cuno, 547 U. S. 332 (2006). And in order to have Article III standing, a plaintiff must adequately establish: (1) an injury in fact (i. e., a âconcrete and particularizedâ invasion of a âlegally protected interestâ); (2) causation (i e., a â âfairly ... trace[able]ââ connection between the alleged injury in fact and the alleged conduct of the defendant); and (3) redress-ability (i. e., it is â âlikelyâ â and not âmerely âspeculativeâ â that the plaintiffâs injury will be remedied by the relief plain
In some sense, the aggregators clearly meet these requirements. They base their suit upon a concrete and particularized âinjury in fact,â namely, the carriersâ failure to pay dial-around compensation. The carriers âcausedâ that injury. And the litigation will âredressâ that injury â if the suits are successful, the long-distance carriers will pay what they owe. The long-distance carriers argue, however, that the aggregators lack standing because it was the payphone operators (who are not plaintiffs), not the aggregators (who are plaintiffs), who were âinjured in factâ and that it is the payphone operators, not the aggregators, whose injuries a legal victory will truly âredressâ: The aggregators, after all, will remit all litigation proceeds to the payphone operators. Brief for Petitioners 18. Thus, the question before us is whether, under these circumstances, an assignee has standing to pursue the assignorâs claims for money owed.
We have often said that history and tradition offer a meaningful guide to the types of cases that Article III empowers federal courts to consider. See, e. g., Steel Co. v. Citizens for Better Environment, 523 U. S. 83, 102 (1998) (âWe have always taken [the case-or-controversy requirement] to mean cases and controversies of the sort traditionally amenable to, and resolved by, the judicial processâ (emphasis added)); GTE Sylvania, Inc. v. Consumers Union of United States, Inc., 445 U. S. 375, 382 (1980) (âThe purpose of the case-or-controversy requirement is to limit the business of federal courts to questions presented in an adversary context and in a form historically viewed as capable of resolution through the judicial processâ (emphasis added; internal quotation marks omitted)); cf. Coleman v. Miller, 307 U. S. 433, 460 (1939) (opinion of Frankfurter, J.) (in crafting Article III, âthe framers . . . gave merely the outlines of what were to
A
We must begin with a minor concession. Prior to the 17th century, English law would not have authorized a suit like this one. But that is because, with only limited exceptions, English courts refused to recognize assignments at all. See, e. g., Lampetâs Case, 10 Co. Rep. 46b, 48a, 77 Eng. Rep. 994, 997 (K. B. 1612) (stating that âno possibility, right, title, nor thing in action, shall be granted or assigned to strangersâ (footnote omitted)); Penson & Higbedâs Case, 4 Leo. 99, 74 Eng. Rep. 756 (K. B. 1590) (refusing to recognize the right of an assignee of a right in contract); see also 9 J. Murray, Corbin on Contracts § 47.3, p. 134 (rev. ed. 2007) (noting that the King was excepted from the basic rule and could, as a result, always receive assignments).
Courts then strictly adhered to the rule that a âchose in actionââan interest in property not immediately reducible to possession (which, over time, came to include a financial interest such as a debt, a legal claim for money, or a contractual right)âsimply âcould not be transferred to another person by the strict rules of the ancient common law.â See 2 W. Blackstone, Commentaries *442. To permit transfer, the courts feared, would lead to the âmultiplying of contentions and suits,â Lampetâs Case, supra, at 48a, 77 Eng. Rep., at 997, and would also promote âmaintenance,â i. e., officious in
As the 17th century began, however, strict anti-assignment rules seemed inconsistent with growing commercial needs. And as English commerce and trade expanded, courts began to liberalize the rules that prevented assignments of choses in action. See 9 Corbin, supra, § 47.3, at 134 (suggesting that the âpragmatic necessities of tradeâ induced âevolution of the common lawâ); Holdsworth, supra, at 1021-1022 (the âcommon lawâ was âinducedâ to change because of âconsiderations of mercantile convenience or necessityâ); J. Ames, Lectures on Legal History 214 (1913) (noting that the âobjection of maintenanceâ yielded to âthe modern commercial spiritâ). By the beginning of the 18th century, courts routinely recognized assignments of equitable (but not legal) interests in a chose in action: Courts of equity permitted suits by an assignee who had equitable (but not legal) title. And courts of law effectively allowed suits either by the assignee (who had equitable, but not legal title) or the assignor (who had legal, but not equitable title).
To be more specific, courts of equity would simply permit an assignee with a beneficial interest in a chose in action to sue in his own name. They might, however, require the assignee to bring in the assignor as a party to the action so as to bind him to whatever judgment was reached. See, e. g., Warmstrey v. Tanfield, 1 Ch. Rep. 29, 21 Eng. Rep. 498 (1628-1629); Fashion v. Atwood, 2 Ch. Cas. 36, 22 Eng. Rep. 835 (1688); Peters v. Soame, 2 Vern. 428, 428-429, 23 Eng. Rep. 874 (Ch. 1701); Squib v. Wyn, 1 P. Wms. 378, 381, 24 Eng. Rep. 432, 433 (Ch. 1717); Lord Carteret v. Paschal, 3 P. Wms. 197, 199, 24 Eng. Rep. 1028, 1029 (Ch. 1733); Row v. Dawson, 1 Ves. sen. 331, 332-333, 27 Eng. Rep. 1064, 1064-1065 (Ch. 1749). See also M. Smith, Law of Assignment: The Creation and Transfer of Choses in Action 131 (2007) (by the beginning of the 18th century, âit became settled that
Courts of law, meanwhile, would permit the assignee with an equitable interest to bring suit, but nonetheless required the assignee to obtain a âpower of attorneyâ from the holder of the legal title, namely, the assignor, and further required the assignee to bring suit in the name of that assignor. See, e. g., Cook, Alienability of Choses in Action, 29 Harv. L. Rev. 816, 822 (1916) (â[C]ommon law lawyers were able, through the device of the âpower of attorneyâ ... to enable the assignee to obtain relief in common law proceedings by suing in the name of the assignorâ); 29 R. Lord, Williston on Contracts § 74:2, pp. 214-215 (4th ed. 2003). Compare, e. g., Barrow v. Gray, Cro. Eliz. 551, 78 Eng. Rep. 797 (K. B. 1653), and South & Marshâs Case, 3 Leo. 234, 74 Eng. Rep. 654 (Exch. 1686) (limiting the use of a power of attorney to cases in which the assignor owed the assignee a debt), with Holdsworth, supra, at 1021 (noting that English courts abandoned that limitation by the end of the 18th century). At the same time, courts of law would permit an assignor to sue even when he had transferred away his beneficial interest. And they permitted the assignor to sue in such circumstances precisely because the assignor retained legal title. See, e. g., Winch v. Keeley, 1 T. R. 619, 99 Eng. Rep. 1284 (K. B. 1787) (allowing the bankrupt assignor of a chose in action to sue a debtor for the benefit of the assignee because the assignor possessed legal, though not equitable, title).
The upshot is that by the time Blackstone published volume II of his Commentaries in 1766, he could dismiss the âancient common lawâ prohibition on assigning choses in action as a ânicety ... now disregarded.â 2 Blackstone, supra, at *442.
B
Legal practice in the United States largely mirrored that in England. In the latter half of the 18th century and
Thus, in 1816, Justice Story, writing for a unanimous Court, summarized the practice in American courts as follows: âCourts of law, following in this respect the rules of equity, now take notice of assignments of choses in action, and exert themselves to afford them every support and protection.â Welch v. Mandeville, 1 Wheat. 233, 236. He added that courts of equity have âdisregarded the rigid strictness of the common law, and protected the rights of the assignee of choses in action,â and noted that courts of common law ânow consider an assignment of a chose in action as substantially valid, only preserving, in certain cases, the form of an action commenced in the name of the assignor.â Id., at 237, n.
It bears noting, however, that at the time of the founding (and in some States well before then) the law did permit the assignment of legal title to at least some choses in action.
C
By the 19th century, courts began to consider the specific question presented here: whether an assignee of a legal claim for money could sue when that assignee had promised to give all litigation proceeds back to the assignor. During that century American law at the state level became less formalistic through the merger of law and equity, through statutes more generously permitting an assignor to pass legal title to an assignee, and through the adoption of rules that permitted any âreal party in interestâ to bring suit. See 6A C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure § 1541, pp. 320-321 (2d ed. 1990) (hereinafter Wright & Miller); see also 9 Corbin, supra, § 47.3, at 137. The courts recognized that pre-existing law permitted an assignor to bring suit on a claim even though the assignor retained nothing more than naked legal title. Since the law
Thus, during the 19th century, most state courts entertained suits virtually identical to the litigation before us: suits by individuals who were assignees for collection only, i. e., assignees who brought suit to collect money owed to their assignors but who promised to turn over to those assignors the proceeds secured through litigation. See, e. g., Webb & Hepp v. Morgan, McClung & Co., 14 Mo. 428, 431 (1851) (holding that the assignees of a promissory note for collection only can bring suit, even though they lack a beneficial interest in the note, because the assignment âcreates in them such legal interest, that they thereby become the persons to sueâ); Meeker v. Claghorn, 44 N. Y. 349, 350, 353 (1871) (allowing suit by the assignee of a cause of action even though the assignors ââexpected to receive the amount recovered in the action,ââ because the assignee, as âlegal holder of the claim,â was âthe real party in interestâ); Searing v. Berry, 58 Iowa 20, 23, 24, 11 N. W. 708, 709 (1882) (where legal title to a judgment was assigned âmerely for the purpose of enabling plaintiff to enforce its collectionâ and the assignor in fact retained the beneficial interest, the plaintiff-assignee could âprosecute this suit to enforce the collection of the judgmentâ); Grant v. Heverin, 77 Cal. 263, 265, 19 P. 493 (1888) (holding that the assignee of a bond could bring suit, even though he lacked a beneficial interest in the bond, and adopting the rule that an assignee with legal title to an assigned claim can bring suit even where the assignee must âaccount to the assignorâ for âa part of the pro
Of course, the dissent rightly notes, some States during this period of time refused to recognize assignee-forcollection suits, or otherwise equivocated on the matter. See post, at 309 (opinion of Roberts, C. J.). But so many States allowed these suits that by 1876, the distinguished procedure and equity scholar John Norton Pomeroy declared it âsettled by a great preponderance of authority, although there is some conflictâ that an assignee is âentitled to sue in his own nameâ whenever the assignment vests âlegal titleâ in the assignee, and notwithstanding âany contemporaneous, collateral agreement by virtue of which he is to receive a part only of the proceeds ... or even is to thus account [to the assignor] for the whole proceeds.â Remedies and Remedial Rights § 132, p. 159 (internal quotation marks omitted; emphasis added). Other contemporary scholars reached the
During this period, a number of federal courts similarly indicated approval of suits by assignees for collection only. See, e. g., Bradford v. Jenks, 3 F. Cas. 1132, 1134 (No. 1,769) (CC Ill. 1840) (stating that the plaintiff, the receiver of a bank, could bring suit in federal court to collect on a note owed to that bank if he sued as the bankâs assignee, not its receiver, but ultimately holding that the plaintiff could not sue as an assignee because there was no diversity jurisdiction); Orr v. Lacy, 18 F. Cas. 834 (No. 10,589) (CC Mich. 1847) (affirming judgment for the plaintiff, the endorsee of a bill of exchange, on the ground that, as endorsee, he had the âlegal rightâ to bring suit notwithstanding the fact that the pro
Even this Court long ago indicated that assignees for collection only can properly bring suit. For example, in Waite v. Santa Cruz, 184 U. S. 302 (1902), the plaintiff sued to collect on a number of municipal bonds and coupons whose âlegal titleâ had been vested in him but which were transferred to him âfor collection only.â Id., at 324. The Court, in a unanimous decision, ultimately held that the federal courts could not hear his suit because the amount-in-controversy requirement of diversity jurisdiction would not have been satisfied if the bondholders and coupon holders had sued individually. See id., at 328-329. However, before reaching this holding, the Court expressly stated that the suit could properly be brought in federal court âif the only objection to the jurisdiction of the Circuit Court is that the plaintiff was invested with the legal title to the bonds and coupons simply for purposes of collection.â Id., at 325.
Next, in Spiller v. Atchison, T. & S. F. R. Co., 253 U. S. 117 (1920), a large number of cattle shippers assigned to Spiller (the secretary of a Cattle Raiserâs Association) their individual reparation claims against railroads they said had charged them excessive rates. The Federal Court of Appeals held that Spiller could not bring suit because, in effect, he was an assignee for collection only and would be passing back to the cattle shippers any money he recovered from the litigation. In a unanimous decision, this Court reversed. The Court wrote that the cattle shippersâ âassignments were
Similarly, in Titus v. Wallick, 306 U. S. 282 (1939), this Court unanimously held that (under New York law) a plaintiff, an assignee for collection, had âdominion over the claim for purposes of suitâ because the assignment purported to â âsell, assign, transfer and set overâ the chose in actionâ to the assignee. Id., at 289. More importantly for present purposes, the Court said that the assignmentâs âlegal effect was not curtailed by the recital that the assignment was for purposes of suit and that its proceeds were to be turned over or accounted for to another.â Ibid.
To be clear, we do not suggest that the Courtâs decisions in Waite, Spiller, and Titus conclusively resolve the standing question before us. We cite them because they offer additional and powerful support for the proposition that suits by assignees for collection have long been seen as âamenableâ to resolution by the judicial process. Steel Co., 523 U. S., at 102.
Finally, we note that there is also considerable, more recent authority showing that an assignee for collection may properly sue on the assigned claim in federal court. See, e. g., 6A Wright & Miller § 1545, at 346-348 (noting that an assignee with legal title is considered to be a real party in interest and that as a result âfederal courts have held that an assignee for purposes of collection who holds legal title to the debt according to the governing substantive law is the
D
The history and precedents that we have summarized make clear that courts have long found ways to allow assignees to bring suit; that where assignment is at issue, courtsâ both before and after the foundingâ have always permitted the party with legal title alone to bring suit; and that there is a strong tradition specifically of suits by assignees for collection. We find this history and precedent âwell nigh conclusiveâ in respect to the issue before us: Lawsuits by assignees, including assignees for collection only, are âcases and controversies of the sort traditionally amenable to, and resolved by, the judicial process.â Vermont Agency of Natural Resources v. United States ex rel. Stevens, 529 U. S. 765, 777-778 (2000) (internal quotation marks omitted).
Ill
Petitioners have not offered any convincing reason why we should depart from the historical tradition of suits by assignees, including assignees for collection. In any event, we find that the assignees before us satisfy the Article III
Petitioners argue, for example, that the aggregators have not themselves suffered any injury in fact and that the assignments for collection âdo not suffice to transfer the payphone operatorsâ injuries.â Brief for Petitioners 18. It is, of course, true that the aggregators did not originally suffer any injury caused by the long-distance carriers; the payphone operators did. But the payphone operators assigned their claims to the aggregators lock, stock, and barrel. See APCC Servs., 418 F. 3d, at 1243 (there is âno reason to believe the assignment is anything less than a complete transfer to the aggregatorâ of the injury and resulting claim); see also App. to Pet. for Cert. 114 (Agreement provides that each payphone operator âassigns, transfers and sets overâ to the aggregator âall rights, title and interestâ in dial-around compensation claims). And within the past decade we have expressly held that an assignee can sue based on his assign- orâs injuries. In Vermont Agency, supra, we considered whether a qui tarn relator possesses Article III standing to bring suit under the False Claims Act, which authorizes a private party to bring suit to remedy an injury (fraud) that the United States, not the private party, suffered. We held that such a relator does possess standing. And we said that is because the Act âeffect[s] a partial assignment of the Governmentâs damages claimâ and that assignment of the âUnited Statesâ injury in fact suffices to confer standing on [the relator].â Id., at 773, 774. Indeed, in Vermont Agency we stated quite unequivocally that âthe assignee of a claim has standing to assert the injury in fact suffered by the assignor.â Id., at 773.
Petitioners next argue that the aggregators cannot satisfy the redressability requirement of standing because, if successful in this litigation, the aggregators will simply remit the litigation proceeds to the payphone operators. But petitioners misconstrue the nature of our redressability inquiry.
The dissent argues that our redressability analysis âcould not be more wrong,â because â[w]e have never approved federal-court jurisdiction over a claim where the entire relief requested will run to a party not before the court. Never.â Post, at 302. But federal courts routinely entertain suits which will result in relief for parties that are not themselves directly bringing suit. Trustees bring suits to benefit their trusts; guardians ad litem bring suits to benefit their wards;
Petitioners also make a further conceptual argument. They point to cases in which this Court has said that a party must possess a âpersonal stakeâ in a case in order to have standing under Article III. See Baker v. Carr, 369 U. S. 186, 204 (1962). And petitioners add that, because the aggregators will not actually benefit from a victory in this case, they lack a âpersonal stakeâ in the litigationâs outcome. The problem with this argument is that the general âpersonal stakeâ requirement and the more specific standing requirements (injury in fact, redressability, and causation) are flip sides of the same coin. They are simply different descriptions of the same judicial effort to ensure, in every case or controversy, âthat concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination.â Ibid. See also Massachusetts v. EPA, 549 U. S. 497, 517 (2007) (âAt bottom, the gist of the question of standing is whether petitioners have such a personal stake in the outcome of the controversy as to assure that concrete adversenessâ (internal quotation marks omitted)). Courts, during the past two centuries, appear to have
Petitioners make a purely functional argument, as well. Read as a whole, they say, the assignments in this litigation constitute nothing more than a contract for legal services. We think this argument is overstated. There is an important distinction between simply hiring a lawyer and assigning a claim to a lawyer (on the lawyerâs promise to remit litigation proceeds). The latter confers a property right (which creditors might attach); the former does not.
Finally, we note, as a practical matter, that it would be particularly unwise for us to abandon history and precedent in resolving the question before us. Were we to agree with petitioners that the aggregators lack standing, our holding could easily be overcome. For example, the Agreement could be rewritten to give the aggregator a tiny portion of the assigned claim itself, perhaps only a dollar or two. Or the payphone operators might assign all of their claims to a âDial-Around Compensation Trustâ and then pay a trustee (perhaps the aggregator) to bring suit on behalf of the trust. Accordingly, the far more sensible course is to abide by the history and tradition of assignee suits and find that the aggregators possess Article III standing.
IV
Petitioners argue that, even if the aggregators have standing under Article III, we should nonetheless deny them standing for a number of prudential reasons. See Elk Grove Unified School Dist. v. Newdow, 542 U. S. 1, 11 (2004) (prudential standing doctrine âembodies judicially self-imposed limits on the exercise of federal jurisdictionâ (internal quotation marks omitted)).
First, petitioners invoke certain prudential limitations that we have imposed in prior cases where a plaintiff has sought to assert the legal claims of third parties. See, e. g.,
These third-party eases, however, are not on point. They concern plaintiffs who seek to assert not their own legal rights, but the legal rights of others. See, e. g., Warth, supra, at 499 (plaintiff âgenerally must assert his own legal rights and interests, and cannot rest his claim to relief on the legal rights or interests of third partiesâ (emphasis added)); see also Kowalski v. Tesmer, 543 U. S. 125 (2004) (lawyers lack standing to assert the constitutional rights of defendants deprived of appointed counsel on appeal); Powers v. Ohio, 499 U. S. 400 (1991) (permitting a criminal defendant to assert rights of juror discriminated against because of race); Craig v. Boren, 429 U. S. 190 (1976) (permitting beer vendors to assert rights of prospective male customers aged 18 to 21 who, unlike females of the same ages, were barred from purchasing beer). Here, the aggregators are suing based on injuries originally suffered by third parties. But the payphone operators assigned to the aggregators all ârights, title and interestâ in claims based on those injuries. Thus, in the litigation before us, the aggregators assert what are, due to that transfer, legal rights of their own. The aggregators, in other words, are asserting first-party, not third-party, legal rights. Moreover, we add that none of the third-party cases cited by petitioners involved assignments or purported to overturn the longstanding doctrine permitting an assignee to bring suit on an assigned claim.
Second, petitioners suggest that the litigation here simply represents an effort by the aggregators and the payphone
Petitioners also point to various practical problems that could arise because the aggregators, rather than the payphone operators, are suing. In particular, they say that the payphone operators may not comply with discovery requests served on them, that the payphone operators may not honor judgments reached in this case, and that petitioners may not be able to bring, in this litigation, counterclaims against the payphone operators. See Brief for Petitioners 46-48. Even assuming all that is so, courts have long permitted assignee lawsuits notwithstanding the fact that such problems
Finally, we note that in this litigation, there has been no allegation that the assignments were made in bad faith. We note, as well, that the assignments were made for ordinary business purposes. Were this not so, additional prudential questions might perhaps arise. But these questions are not before us, and we need not consider them here.
V
The judgment of the Court of Appeals is affirmed.
It is so ordered.
APPENDIX
Examples of cases in which state courts entertained or otherwise indicated approval of suits by assignees for collection only. References to âPomeroyâs ruleâ are references to the statement of law set forth in J. Pomeroy, Remedies and Remedial Rights § 132, p. 159 (1876).
2. Castner v. Austin Sumner & Co., 2 Minn. 44, 47-48 (1858) (holding that the assignees of promissory notes were proper plaintiffs, regardless of the arrangement they and their assignor had made in respect to the proceeds of the litigation, because the defendants âcan only raise the objection of a defect of parties to the suit, when it appears that some other person or party than the Plaintiffs have such a legal interest in the note that a recovery by the Plaintiffs would not preclude it from being enforced, and they be thereby subjected to the risk of another suit for the same subject-matterâ (emphasis added));
3. Cottle v. Cole, 20 Iowa 481, 485-486 (1866) (holding that the assignee could sue, notwithstanding the possibility that the assignor was the party âbeneficially interested in the action,â because â[t]he course of decision in this State establishes this rule, viz.: that the party holding the legal title of a note or instrument may sue on it though he be an agent or trustee, and liable to account to another for the proceeds of the recoveryâ);
4. Allen v. Brown, 44 N. Y. 228, 231, 234 (1870) (opinion of Hunt, Commâr) (holding that the assignee with legal title to a cause of action was âlegally the real party in interestâ â[ejven if he be liable to another as a debtor upon his contract for the collection he may thus makeâ);
5. Meeker v. Claghorn, 44 N. Y. 349, 350, 353 (1871) (opinion of Earl, Commâr) (allowing suit by the assignee of a cause of action even though the assignors â âexpected to receive the amount recovered in the action,ââ because the assignee, as âlegal holder of the claim,â was âthe real party in interestâ);
7. Searing v. Berry, 58 Iowa 20, 23, 24, 11 N. W. 708, 709 (1882) (where legal title to a judgment was assigned âmerely for the purpose of enabling plaintiff to enforce the collectionâ and the assignor in fact retained the beneficial interest, the plaintiff-assignee could âprosecute this suit to enforce the collection of the judgmentâ);
8. Haysler v. Dawson, 28 Mo. App. 531, 536 (1888) (holding, in light of the ârecognized practice in this state,â that the assignee could bring suit to recover on certain accounts even where the assignment of the accounts had been made âwith the agreement that they were to [be] [he]ld solely for the purpose of [the litigation],â i. e., the assignor maintained the beneficial interest in the accounts (emphasis added));
9. Grant v. Heverin, 77 Cal. 263, 265, 264, 19 P. 493 (1888) (holding that the assignee of a bond could bring suit, even though he lacked a beneficial interest in the bond, and endorsing Pomeroyâs rule as âa clear and correct explication of the lawâ);
10. Young v. Hudson, 99 Mo. 102, 106, 12 S. W. 632, 633 (1889) (holding that an assignee could sue to collect on an account for merchandise sold, even though the money would be remitted to the assignor, because â[a]n assignee of a chose in action arising out of contract may sue upon it in his own name, though the title was passed to him only for the purpose of collectionâ);
11. Jackson v. Hamm, 14 Colo. 58, 61, 23 P. 88, 88-89 (1890) (holding that the assignee of a judgment was âthe real party in interestâ and was âentitled to sue in his own name,â even though the beneficial interest in the judgment was held by someone else);
13. Anderson v. Reardon, 46 Minn. 185, 186, 48 N. W. 777 (1891) (where plaintiff had been assigned a claim on the âunderstandingâ that he would remit the proceeds to the assignor less the âamount due him for services already rendered, and to be thereafter renderedâ to the assignor, the plaintiff could bring suit, even though he had âalready collected on the demand enough to pay his own claim for services up to that time,â because â[i]t is no concern of the defendant whether the assignee of a claim receives the money on it in his own right or as trustee of the assignorâ);
14. McDaniel v. Pressler, 3 Wash. 636, 638, 637, 29 P. 209, 210 (1892) (holding that the assignee of promissory notes was the real party in interest, even though the assignment was âfor the purpose of collectionâ and the assignee had âno interest other than that of the legal holder of said notesâ);
15. Minnesota Thresher Mfg. Co. v. Heipler, 49 Minn. 395, 396, 52 N. W. 33 (1892) (upholding the plaintiff-assigneeâs judgment where that assignee âheld the legal title to the demandâ and notwithstanding the fact that âthere was an agreement between the [assignor] and the plaintiff that the latter took the [assignment] only for collectionâ);
16. Wines v. Rio Grande W. R. Co., 9 Utah 228, 235, 33 P. 1042, 1044, 1045 (1893) (adopting Pomeroyâs rule and holding that an assignee could bring suit based on causes of action assigned to him âsimply to enable him to sueâ and who âwould turn over to the assignors all that was recovered in the action, after deducting their proportion of the expenses of the suitâ);
17. Greig v. Riordan, 99 Cal. 316, 323, 33 P. 913, 916 (1893) (holding that the plaintiff-assignee could sue on claims assigned by multiple parties âfor collection,â stating that â[i]t is [a] matter of common knowledge that for the purpose of
18. Gomer v. Stockdale, 5 Colo. App. 489, 492, 39 P. 355, 357, 356 (1895) (permitting suit by a party who was assigned legal title to contractual rights, where the assignor retained the beneficial interest, noting that the doctrine that âprevails in Coloradoâ is that the assignee may bring suit in his own name âalthough there may be annexed to the transfer the condition that when the sum is collected the whole or some part of it must be paid over to the assignorâ);
19. Coxâs Executors v. Crockett & Co., 92 Va. 50, 58, 57, 22 S. E. 840, 843 (1895) (finding that suit by assignor following an adverse judgment against assignee was barred by res judicata but endorsing Pomeroyâs rule that an assignee could bring suit as the âreal party in interestâ even where the assignee must âaccount to the assignor, or other person, for the residue, or even is to thus account for the whole proceedsâ of the litigation);
20. Sroufe v. Soto Bros. & Co., 5 Ariz. 10, 11, 12, 43 P. 221 (1896) (holding that state law permits âa party to maintain an action on an account which has been assigned to him for the purpose of collection, onlyâ because such parties are âholders of the legal title of said accountsâ);
21. Ingham v. Weed, 5 Cal. Unreported Cases 645, 649, 48 P. 318, 320 (1897) (holding that the assignees of promissory notes could bring suit where the assignors retained part of the beneficial interest in the outcome, and expressly noting that the assignees could bring suit even if the entire interest in the notes had been assigned to them as âagents for collectionâ because, citing Pomeroy and prior California cases âto the same effect,â an assignee can bring suit where he has âlegal titleâ to a claim, notwithstanding âany contemporaneous collateral agreementâ by which he is to account to the
22. Citizensâ Bank v. Corkings, 9 S. D. 614, 615, 616, 70 N. W. 1059, 1060, revâd on other grounds, 10 S. D. 98, 72 N. W. 99 (1897) (holding that where the assignee âtook a formal written assignment absolute in terms, but with the understanding that he would take the claim, collect what he could, and turn over to the company the proceeds thereof less the expenses of collection,â the assignee could sue because the ârule is that a written or verbal assignment, absolute in terms, and vesting in the assignee the apparent legal title to a chose in action, is unaffected by a collateral contemporaneous agreement respecting the proceedsâ);
23. Chase v. Dodge, 111 Wis. 70, 73, 86 N. W. 548, 549 (1901) (adopting New Yorkâs rule that an assignee is the real party in interest so long as he âholds the legal titleâ to an assigned claim, regardless of the existence of âany private or implied understandingâ between the assignor and assignee concerning the beneficial interest (internal quotation marks omitted));
24. Roth v. Continental Wire Co., 94 Mo. App. 236, 262-264, 68 S. W. 594, 602 (1902) (noting that Missouri has adopted Pomeroyâs rule and holding that the trial court did not err in excluding evidence that plaintiff was assigned the cause of action for collection only);
25. Manley v. Park, 68 Kan. 400, 402, 75 P. 557, 558 (1904) (overruling prior state cases and holding that where the assignment of a bond or note vests legal title in the assignee, the assignee can bring suit even where the assignee promises to remit to the assignor âa part or all of the proceedsâ (emphasis added));
26. Eagle Mining & Improvement Co. v. Lund, 14 N. M. 417, 420-422, 94 P. 949, 950 (1908) (adopting the rule that the assignee of a note can bring suit even where the assignor, not the assignee, maintains the beneficial interest in the note);
28. James v. Lederer-Strauss & Co., 32 Wyo. 377, 233 P. 137, 139 (1925) (âBy the clear weight of authority a person to whom a chose in action has been assigned for the purpose of collection may maintain an action thereon . . . and as such is authorized by statute in this state to maintain an action in his own nameâ).