Burnett v. Crandall
Supreme Court of Missouri
Error to Jackson Circuit Court. I. The assignment of part of a chose in action, without the consent of the debtor, is invalid and transfers to the assignee no interest in the debt. (Mandeville vs. Welsh, 5 Wheat. 277 ; Tripp vs. Brownell, 12 Cush. 381, 382 ; Soné vs. Fairfield, 13 Mo. 300.) II. Such assignment is equally invalid in law and in equity.
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Error to Jackson Circuit Court. I. The assignment of part of a chose in action, without the consent of the debtor, is invalid and transfers to the assignee no interest in the debt. (Mandeville vs. Welsh, 5 Wheat. 277 ; Tripp vs. Brownell, 12 Cush. 381, 382 ; Soné vs. Fairfield, 13 Mo. 300.) II. Such assignment is equally invalid in law and in equity. (Gibson vs. Finley, 4 Md. ch. 75 ; Tripp vs. Brownell, 12 Cush. 381, 382.) , I. The payment of a liquidated and ascertained debt is no payment or satisfaction of the whole, even though it be received and receipted for as payment in full. . (Wood…
1Opinion of the CourtSherwood, Judge
The record discloses: that in January, 1871, a judgment by default for the sum of $500 was rendered in the Kansas City court of common pleas, in favor of one John Geis, and against Wm. Burnett, in an action for an' assault and battery. On the day of its rendition, Geis, by an instrument to that effect, assigned one-half of the judgment to the defendant, Crandall, who was his attorney in the action referred to. After vainly endeavoring to set the judgment thus obtained aside, and of which it seems he *412had no knowledge until seeing an account of such recovery in the city papers, Burnett gave…
2Cases cited1 opinion
- Love v. FairfieldSupreme Court of Missouri · 1850
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- Snyder v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
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