GONZALES v. PERSONAL COLLECTION SERVICE

No. 4005.

494 P.2d 201 (1972)

Belle GONZALES and Bertie Brown, Appellants (Defendants below), v. PERSONAL COLLECTION SERVICE, Appellee (Plaintiff below).

Supreme Court of Wyoming.

February 28, 1972.


Attorney(s) appearing for the Case

Ernest Halle, of Legal Services for Laramie County, Inc., Cheyenne, for appellants.

Benedict D. Trierweiler and James A. Tilker, of Kline, Tilker & Lynch, and Walter C. Urbigkit, Jr., of McClintock, Mai, Urbigkit & Moriarity, Cheyenne, for appellee.

Before McINTYRE, C.J., and PARKER, McEWAN and GUTHRIE, JJ.


Mr. Justice GUTHRIE delivered the opinion of the court.

Appellee herein filed complaints against Belle Gonzales and Bertie Brown for accounts due the Memorial Hospital of Laramie County, alleging that these accounts had been assigned to it for collection. Both appellants answered, setting up the defense that appellee was not the real party in interest because such an assignment on a contingent fee basis was constitutionally impermissible. Appellant Gonzales further...

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