Rate v. American Smelting & Refining Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; B. Lee Word, Judge. Action by George Henry Eate against the American Smelting & Eefining Company. From a judgment for plaintiff and from an order denying its motion for new trial, defendant appeals.
Read the full summary
Appeal from District Court, Lewis and Clark County; B. Lee Word, Judge. Action by George Henry Eate against the American Smelting & Eefining Company. From a judgment for plaintiff and from an order denying its motion for new trial, defendant appeals. While there may be some conflict of authority upon the question of the validity of an assignment, of wages to be earned in the future, we think that the great weight of respectable authority upholds the validity of such assignment. (Citizens’ Loan Assn. v. Boston & M. B. B. Co., 196 Mass. 528, 124 Am. St. Eep. 584, 13 Ann. Cas. 365, 14 L. E. A.…
1Opinion of the CourtJustice Patten
On February 12, 1914, respondent, being then in the employ of appellant, executed and delivered to the Flatow Mercantile *280Company, of East Helena, a series of assignments for the sum of $15 each, to be paid successively, one each month, out of the wages to be earned by respondent, commencing with the month of February, 1914, and ending with the month of April, 1915. The assignments were given for the purpose of satisfying an indebtedness then owing by respondent to the Flatow Mercantile Company. Thereafter, on February 20, 1914, respondent filed his petition in bankruptcy in the district court…
2Cases cited9 opinions
- Citizens Loan Ass'n v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Mallin v. WenhamIllinois Supreme Court · 1904
- In re Home Discount Co.District Court, N.D. Alabama · 1906
- In re WestDistrict Court, D. Oregon · 1904
- Leitch v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Waddell v. School District No. 2Montana Supreme Court · 1925
- Scott v. Jardine Gold Mining & Milling Co.Montana Supreme Court · 1927
- Wells v. WaddellMontana Supreme Court · 1921
- Public Finance Co. v. RoweOhio Supreme Court · 1931
- In re PottsDistrict Court, D. Idaho · 1931
6 more not listed; retrieve them via the Exa API.