Bush, Redwood & Co. v. Foote
Mississippi Supreme Court
Appeal from the Chancery Court of Noxubee County. Hon. F. A. Critz, Chancellor. H. W. Foote employed F. T. Sanford to build three storehouses, for the aggregate sum of about $8,000, to be paid on; the completion of the buildings.
Read the full summary
Appeal from the Chancery Court of Noxubee County. Hon. F. A. Critz, Chancellor. H. W. Foote employed F. T. Sanford to build three storehouses, for the aggregate sum of about $8,000, to be paid on; the completion of the buildings. Bush, Redwood & Co. agreed to lend Sanford money to carry on the work of building the houses which he had. undertaken to build for Foote, upon Sanford’s agreement that they should be repaid out of the money which he expected to get from Foote on his building contract. Upon this agreement Sanford obtained money, from time to time, as his work progressed, until his…
1Opinion of the CourtCampbell, J.
This court is committed to the doctrine that a valid equita*12ble assignment may be made of part of a- debt, regardless of the assent or wishes of the debtor (Hutchinson v. Simon, 57 Miss. 628), and that anything which clearly manifests the intention of the creditor to make a specific appropriation of a particular thing to a particular purpose, and a willingness on the part of the transferee to accept. such appropriation, may take effect as an equitable assignment. Pass v. McRae, 36 Miss. 143.
It is well settled that an order' drawn on a particular fund is operative as an assignment of the fund,…
2Cases cited3 opinions
- Wheatley v. StrobeCalifornia Supreme Court · 1859
- Pass v. McRea, Coffman & Co.Mississippi Supreme Court · 1858
- Hutchinson v. SimonMississippi Supreme Court · 1880
3Cited by9 opinions
- Harrison v. WrightIndiana Supreme Court · 1885
- Dickinson v. CoatesSupreme Court of Missouri · 1883
- Guaranteed State Bank of Durant v. D'YarmettSupreme Court of Oklahoma · 1917
- Federal Land Bank v. CollinsMississippi Supreme Court · 1930
- First National Bank of Wayne v. Gross Real Estate Co.Nebraska Supreme Court · 1956
4 more not listed; retrieve them via the Exa API.