Spafford v. Page
Supreme Court of Vermont
This was an action of book account, appealed from a justice of the peace, in which there was a judgment to account, and reference to an auditor.
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This was an action of book account, appealed from a justice of the peace, in which there was a judgment to account, and reference to an auditor. The auditor reported that the plaintiff exhibited an account against the defendant, of $ 15.90, which was conceded, by. the defendant, to be the balance due from him to the plaintiff, to balance book accounts between them, at the commencement of the plaintiff’s action, on the 9th of Jan-nary, 184'©; that, before the commencement of the action, to wit, on the 4th of said January, Abner Field, Sylvester Burke, and Josiah R. Barnes, commenced their…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The question made in this case, in regard to the validity of an oral assignment of a book debt, to vest, in the assignee, the equitable interest, cannot, I apprehend, admit of doubt. Mr. Justice Story states the general doctrine thus, (and he is sustained by all other writers upon the subject, and by the adjudged cases,) “ Any order, writing or act, which makes an appropriation of a fund, amounts to an *494equitable assignment of the fund.” “ An assignment of a debt may be by parol as well as by deed.” Equity Jurisp., vol. 2, p, 311. And if the…
2Cited by7 opinions
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- Noyes v. BrownSupreme Court of Vermont · 1860
- Seward v. HeflinSupreme Court of Vermont · 1848
- Preston v. Russell, Follensby & Co.Supreme Court of Vermont · 1899
- Claflin v. KimballSupreme Court of Vermont · 1879
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