Field v. Chipley
Court of Appeals of Kentucky
Case 51 — EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. A clerk of a court can make a valid assignment of his fees to become due. .2. The reservations in the contract for the benefit of appellee and his creditors are not binding upon appellant, appellee being the debtor and repudiating the contract. (Combs v. Brashears, 6 J. J. Mar., 631; High on Receivers, sec. 22; Clark v. Tilley, 31 Ind., 121; Ciples v. Blain, Rice’s Eq.
Read the full summary
Case 51 — EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. A clerk of a court can make a valid assignment of his fees to become due. .2. The reservations in the contract for the benefit of appellee and his creditors are not binding upon appellant, appellee being the debtor and repudiating the contract. (Combs v. Brashears, 6 J. J. Mar., 631; High on Receivers, sec. 22; Clark v. Tilley, 31 Ind., 121; Ciples v. Blain, Rice’s Eq. Rep., S. C., 60; 2 Allen, 40; Benjamin on Sales, 78; Parsons on Con., vol. 1, 523; Whitehead v. Root, 2 Met., 586; 11 Iowa, ■ 572; 15 lb., 284; 40 Penn., 276; 2 Selden,…
1Opinion of the Court
.JUDGE PRYOR
delivered the opinion of the court.
S. F. Chipley, the clerk of the Louisville chancery court, ■being indebted to Neill B. Field in the sum of about $28,000, -evidenced by several promissory notes, for the purpose of .securing its payment entered into an agreement with Field by which Chipley transferred and- delivered to John G. 'Walker “all the demands and claims due to him, the said '.Chipley, as fees of his said office, which have accrued between the 1st of August, 1877, and the 27th of February, 1878, and further agreed to assign to the said Walker for a .like purpose all…
2Cited by17 opinions
- Sewell v. BennettCourt of Appeals of Kentucky · 1920
- National Bank v. FinkTexas Supreme Court · 1893
- Bowery National Bank v. WilsonNew York Court of Appeals · 1890
- Holt v. ThurmanCourt of Appeals of Kentucky · 1901
- Kentucky Association Highway Contractors v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1926
12 more not listed; retrieve them via the Exa API.