North Carolina Baptist Hospitals, Inc. v. Mitchell
Supreme Court of North Carolina
1DissentJustice Whichard
Under the common law governing assignments, a litigant may, while an action is pending, assign any recovery he may obtain. The assignee becomes the equitable owner of the claim and is entitled to an assignment of the judgment when it is entered. Fertilizer Works v. Newbern, 210 N.C. 9, 185 S.E. 471 (1936). A debtor with notice of an assignment has a duty to make payment to the assignee. Lipe v. Bank, 236 N.C. 328, 331, 72 S.E. 2d 759, 761 (1952).
A valid assignment may be made by any contract between the assignor and the assignee which manifests an intention to make the assignee the present…
2Cases cited12 opinions
- Stevenson v. City of DurhamSupreme Court of North Carolina · 1972
- Ellington Ex Rel. Ellington v. BradfordSupreme Court of North Carolina · 1955
- State v. . WhitehurstSupreme Court of North Carolina · 1937
- Harrison v. . Guilford CountySupreme Court of North Carolina · 1940
- Lipe v. Guilford National BankSupreme Court of North Carolina · 1952
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