Jenness v. Wharff
Supreme Judicial Court of Maine
On exceptions. The case is stated in the opinion. There was no written acceptance. R. S., c. 32, § 10. An unaccepted bill or draft payable generally, and not drawn upon a particular fund, is not a valid assignment of the fund, and creates no liability upon the drawee and no lien in favor of the payee. Am. and Eng. Ency. of Law.
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On exceptions. The case is stated in the opinion. There was no written acceptance. R. S., c. 32, § 10. An unaccepted bill or draft payable generally, and not drawn upon a particular fund, is not a valid assignment of the fund, and creates no liability upon the drawee and no lien in favor of the payee. Am. and Eng. Ency. of Law. (Assign.) An unaccepted order for part of á fund alleged to be due the drawer does not operate as a legal or equitable transfer of the amount therein called for, nor does it constitute a lien on such fund, and hence it is unavailing against a subsequent garnishment of…
1Opinion of the CourtFoster, J.
This is a trustee suit. The real question is whether the funds disclosed belong to the claimant, who has become a party to the suit for the purpose of asserting his claim, or to the plaintiff who has attached them in the hands of the trustee. Our conclusion is that they belong to the claimant.
While it is true that the burden rests upon the claimant to establish his claim to the funds, and that the assertion of his claim is an equitable interference to defeat a right which the plaintiff might otherwise have, yet as between these parties we think the claimant is entitled to the funds upon legal…
2Cases cited1 opinion
- Kingman v. PerkinsMassachusetts Supreme Judicial Court · 1870
3Cited by6 opinions
- Cumberland Telegraph & Telephone Co. v. HobartMississippi Supreme Court · 1906
- Birmingham Water Works Co. v. KeileyAlabama Court of Appeals · 1911
- Birmingham Water Works Co. v. BrownSupreme Court of Alabama · 1914
- Birmingham Waterworks Co. v. DavisAlabama Court of Appeals · 1918
- Cross v. Brown, Steese & ClarkeSupreme Court of Rhode Island · 1895
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