Rupp v. Blanchard
New York Supreme Court
APPEAL from a judgment entered at a special term, on the report of a referee. The action was brought by the plaintiff as assignee of a claim of Lawson & Carll, against the defendant. The referee found the following facts: That on the fifth day of February, the plaintiff, Michael Rupp, held a judgment against Lawson & Carll for about the sum of two hundred and sixty dollars, which he was endeavoring to collect.
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APPEAL from a judgment entered at a special term, on the report of a referee. The action was brought by the plaintiff as assignee of a claim of Lawson & Carll, against the defendant. The referee found the following facts: That on the fifth day of February, the plaintiff, Michael Rupp, held a judgment against Lawson & Carll for about the sum of two hundred and sixty dollars, which he was endeavoring to collect. That on that day, Lawson & Carll alleged that the defendant was indebted to them in an amount exceeding the amount of said judgment, and they thereupon made a verbal agreement with one…
1Opinion of the Court
By the Court, Clerke, P. J.
Although there may be an assignment of a chose in action by parol, yet to constitute such an assignment, it must be shown that the owner surrendered all control over it, and had made an absolute appropriation of it. And where a debtor agrees to assign to his creditor a claim which he has against another, in order to make it a valid assignment, the creditor must relinquish Ms claim against the owner of the chose in action. Otherwise i the agreement is without consideration, and cannot be con-j strued even into an equitable assignment of the claim. Ini this case the…
2Cited by6 opinions
- Ward v. New York Life InsuranceNew York Court of Appeals · 1919
- Hofferberth v. DuckettAppellate Division of the Supreme Court of the State of New York · 1916
- Chapman v. PlummerWisconsin Supreme Court · 1874
- Riker v. CurtisAppellate Terms of the Supreme Court of New York · 1896
- Dintruff v. CrittendenNew York Supreme Court · 1873
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