Schlieman v. Bowlin
Supreme Court of Minnesota
One Oase sued Sandstrom and Eiehter in replevin, and on June 22, 1885, defendant Bowlin on behalf of Sandstrom and Eiehter, and the other defendants as sureties, executed the statutory bond to obtain return of the property. On August 21, 1885, Oase recovered judgment in the replevin suit for a return of the property'or $211, and on August 27,1885, assigned the judgment to this plaintiff.
Read the full summary
One Oase sued Sandstrom and Eiehter in replevin, and on June 22, 1885, defendant Bowlin on behalf of Sandstrom and Eiehter, and the other defendants as sureties, executed the statutory bond to obtain return of the property. On August 21, 1885, Oase recovered judgment in the replevin suit for a return of the property'or $211, and on August 27,1885, assigned the judgment to this plaintiff. On August 11, 1885, a decision of the same court was filed in favor of Bowlin in a suit against Oase and one Halverson, and on September 3, 1886, judgment was entered on the decision against Oase and…
1Opinion of the CourtMitchell, J.
It is a familiar rule of equity, of universal application, that the assignment of a demand entitles the assignee to every assignable remedy, lien, or security available by the assignor as a means of indemnity or payment, unless expressly excepted or reserved in the transfer of the demand. 2 Lead. Cas. Eq. (4th Am. Ed.) 1667, and cases cited. The assignment of the demand, which is the principal thing, operates as an assignment of all securities for its recovery or collection, and upon such securities the assignee, as the real party in interest, may maintain an action in his own name. 2 Jones,…
2Cases cited4 opinions
- Bolen v. . CrosbyNew York Court of Appeals · 1872
- Ullmann v. KlineIllinois Supreme Court · 1877
- Hurt v. WilsonCalifornia Supreme Court · 1869
- Smith v. GibsonSupreme Court of Minnesota · 1870
3Cited by14 opinions
- Feinberg v. StearnsSupreme Court of Florida · 1908
- Landigan v. MayerOregon Supreme Court · 1898
- Anderson v. MessingerCourt of Appeals for the Sixth Circuit · 1906
- Armour Company v. LambdinSupreme Court of Florida · 1944
- Citizens' National Bank v. LoomisSupreme Court of Iowa · 1896
9 more not listed; retrieve them via the Exa API.