Watson v. Bagaley
Supreme Court of Pennsylvania
Error, to the Common Pleas of Washington. Oct. 27. This was an amicable scire facias, in wbich Bagaley & Smith, who had obtained judgment in foreign attachment against William Seatown, were plaintiffs, and Thomas Watson and John McCahan, as garnishees of Seatown, were defendants. The attorneys of the parties stated the following case, in the nature of a special verdict, for the opinion of the Court below.
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Error, to the Common Pleas of Washington. Oct. 27. This was an amicable scire facias, in wbich Bagaley & Smith, who had obtained judgment in foreign attachment against William Seatown, were plaintiffs, and Thomas Watson and John McCahan, as garnishees of Seatown, were defendants. The attorneys of the parties stated the following case, in the nature of a special verdict, for the opinion of the Court below. William Seatown, who was indebted to the plaintiffs in this case, executed and delivered to Thomas Watson and John McCahan a power of attorney, as follows:— “ Know all men by these presents,…
1Opinion of the Court
The opinion of this Court was delivered by
Gibson, C. J.
An assignment of a chose in action or of a fund need not be by any particular form of words, or particular form of instrument. It leaves the legal ownership and consequent right of action in the assignor; and it has therefore been treated as a declaration of trust for the assignee, or an agreement that he shall receive the money to his own use; or, as the case may be, to the use of the persons beneficially concerned. Any binding appropriation of it to a particular use, by any writing whatever, is consequently an assignment, or what is the…
2Cases cited1 opinion
- United States v. VaughanSupreme Court of Pennsylvania · 1811
3Cited by10 opinions
- Austin-Nichols & Co. v. Union Trust Co.Supreme Court of Pennsylvania · 1927
- Eisenlohr v. EhrichCourt of Appeals for the Third Circuit · 1924
- H. B. Cartwright & Bro. v. United States Bank & Trust Co.New Mexico Supreme Court · 1917
- McCleery v. StoupSuperior Court of Pennsylvania · 1906
- Adelman v. Centaur Corp.Court of Appeals for the Sixth Circuit · 1944
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