Rodijkeit v. Andrews
Ohio Supreme Court
Error to the Circuit Court of Lucas county. The plaintiff in error assigned his wages to the defendant in error. A copy of the assignment is as follows: “$75.00 Toledo, Ohio, April 22, 1904. To the Paymaster, L. 8. & M. 8. R. R. : Dear Sir: For value received, I hereby assign seventy-five 00-100 dollars from the amount now due me, or which may hereafter become due me for services rendered the L. S. & M. S. R. R. or any other railway, firm or person wherever I may be employed…
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Error to the Circuit Court of Lucas county. The plaintiff in error assigned his wages to the defendant in error. A copy of the assignment is as follows: “$75.00 Toledo, Ohio, April 22, 1904. To the Paymaster, L. 8. & M. 8. R. R. : Dear Sir: For value received, I hereby assign seventy-five 00-100 dollars from the amount now due me, or which may hereafter become due me for services rendered the L. S. & M. S. R. R. or any other railway, firm or person wherever I may be employed as switchman and you are hereby authorized to pay the above amount to P. L. Andrews, or his order, and deduct the same…
1Opinion of the CourtSummers, J.
Two of the questions argued by plaintiff in error, namely, that the assignment, not having been accepted by the debtor, was not effective against the attaching creditor, Ida E. Chandler; and that the assignment, being of a part only of a chose in action, is not enforcible against the debtor, are not presented by the record. The first because Ida E. Chandler is hot a party to the proceeding in error *116and the’second because the railroad company did not refuse payment.
The question presented is the right of a person in the employ of another, in the absence of a contract for a definite time of…
2Cases cited16 opinions
- Hale v. HollonTexas Supreme Court · 1897
- Low v. PewMassachusetts Supreme Judicial Court · 1871
- Mallin v. WenhamIllinois Supreme Court · 1904
- Smith v. AtkinsSupreme Court of Vermont · 1846
- Metcalf v. KincaidSupreme Court of Iowa · 1893
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