Close v. Independent Gravel Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court.—Hon. David E. Blair, Judge. (1) An assignment of a mere possibility coupled with no interest is void and no action at law can be maintained thereon by the assignee. 3 Pom. Eq. Juris., pages 2571, 2581, sec. 1285; Railroad v. Woodring, 9 Atl. 58; Bell v. Mulholland, 90 Mo. App. 619; Rodijkeit v. Andrews, 77 N. E. 747; Herbert v. Bfonson, 125 Mass. 475; Twiss v. Cheever, 2 Allen, 40; Eagan v. Luby, 133 Mass. 543; Billings v. O’Brien, 45 How.
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Appeal from Jasper Circuit Court.—Hon. David E. Blair, Judge. (1) An assignment of a mere possibility coupled with no interest is void and no action at law can be maintained thereon by the assignee. 3 Pom. Eq. Juris., pages 2571, 2581, sec. 1285; Railroad v. Woodring, 9 Atl. 58; Bell v. Mulholland, 90 Mo. App. 619; Rodijkeit v. Andrews, 77 N. E. 747; Herbert v. Bfonson, 125 Mass. 475; Twiss v. Cheever, 2 Allen, 40; Eagan v. Luby, 133 Mass. 543; Billings v. O’Brien, 45 How. Pr. 392. , (2) Where an employee assigns wages which are unearned, but for which he lias a present employment, the law…
1Opinion of the CourtNixon, P. J.
This case was tried nisi on the following agreed statement of facts:
“The plaintiff, F. D. Close, is a hardware merchant in Webb-City, Missouri. On the 3d day of January, 1910, J. W. Patrick gave plaintiff the following written assignment: ‘For a valuable consideration, to me in hand paid by the Webb City Stove Company, the receipt of which is hereby acknowledged, I do hereby transfer, assign and set over to the said Webb City Stove Company, its successors or assigns, all wages or claims for Avages, commisions, credits and demands of every nature •and kind due and to become due from my present…
2Cases cited17 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Dickey v. PorterSupreme Court of Missouri · 1907
- Metcalf v. KincaidSupreme Court of Iowa · 1893
- Leitch v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1905
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3Cited by2 opinions
- Miller v. SooySupreme Court of Kansas · 1926
- Neville v. MayMissouri Court of Appeals · 1921