Hersch v. Boston Insurance

Plaintiff appeals from an order granting respondent M. Zabel, plaintiff’s judgment creditor, a lien upon plaintiff’s cause of action against Boston Insurance Company and any judgment subseqently procured thereon.

Questions Presented

1. Is the order an appealable one?

2. Does the provision in section 688.1, Code of Civil Procedure, that no settlement may be made by the judgment debtor without the consent of the judgment creditor who has obtained a lien under said section upon the debtor’s cause of action, constitute an arbitrary and unreasonable restraint of the debtor’s freedom of contract ?

Recor…