Martin

In this action to quiet title and for an accounting, the court rendered judgment for defendant solely upon the ground that the true party plaintiff, Charles N. Douglas, an attorney at law, had bought the chose in action which is the basis of the lawsuit, with intent to bring suit thereon, and that under the provisions of section 6129 of the Business and Professions Code, plaintiff is barred from obtaining judgment. The trial judge stated in a written opinion that had he been permitted to find on the merits, he would have found that defendant held the legal title, but held one half thereof in trust for plaintiff’s assignor and that defend ant is entitled to certain credits for protecting the property and for attorney’s fees.

Noel D. Martin is plaintiff in name only. He never met the assignor of the claim, Carl L. Shinn, he paid nothing for an assignment and he has no interest in the case. He simply is a formal assignee for the purpose of the lawsuit. There is no doubt that the real party in interest on the plaintiff’s side is Charles N. Douglas. Mr. Shinn and Mr. Douglas are elderly attorneys. During the course of Mr. Shinn’s testimony in this action against Freeman, the court…