Danklessen v. Braynard
New York Court of Common Pleas
• Motion for judgment on demurrer to the complaint. The complaint alleged that the defendant was employed as a claim agent by one Griffiths, a gunner in the United States Navy, to collect certain prize moneys from the government; that said Griffiths had assigned all his rights in the moneys to be collected to the plaintiff, and had given her an order on the defendant as follows: “ Please pay to Mrs. Caroline M. Danklessen, of 78 James street, my prize money due me as…
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• Motion for judgment on demurrer to the complaint. The complaint alleged that the defendant was employed as a claim agent by one Griffiths, a gunner in the United States Navy, to collect certain prize moneys from the government; that said Griffiths had assigned all his rights in the moneys to be collected to the plaintiff, and had given her an order on the defendant as follows: “ Please pay to Mrs. Caroline M. Danklessen, of 78 James street, my prize money due me as gunner’s mate of the E. E. Cuvier when she captured the steamer Kate Dale, Eugene, Sea Lion, Hunter, &c., when you receive said…
1Opinion of the CourtBrady, J.
In this case, the order or draft upon which the action is based is an equitable assignment. No particular form of words is necessary to create such an instrument. Any language indicating a clear intention to appropriate the fund will effectuate the object (Willard’s Eq. Juris, pp. 462, 463, and cases cited). The plaintiff having the equitable title may maintain the action (Hastings v. McKinley, 1 E. D. Smith, 273). There is nothing in the act of Congress of February 26, 1853, to which the defendant referred on the argument which affects this question. The plaintiff’s right to maintain this…
2Cited by1 opinion
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