Carter v. Nichols
Supreme Court of Vermont
Assumpsit. Plea, general issue, and notice of payment and settlement. Trial by court on an agreed statement, September Term, 1885, Powers, J., presiding. Judgment for the defendant. The facts are sufficiently stated in the opinion. The order was an assignment. Blin v. Pierce, 20 Yt. 25. Equitable assignments are recognized by courts of law; and an equitable assignment need not contain the whole of the claim. 2 Story Eq. Jur. s. 1044; 3 Pom. Eq.
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Assumpsit. Plea, general issue, and notice of payment and settlement. Trial by court on an agreed statement, September Term, 1885, Powers, J., presiding. Judgment for the defendant. The facts are sufficiently stated in the opinion. The order was an assignment. Blin v. Pierce, 20 Yt. 25. Equitable assignments are recognized by courts of law; and an equitable assignment need not contain the whole of the claim. 2 Story Eq. Jur. s. 1044; 3 Pom. Eq. Jur. s. 1280; Tibbetts v. George, 5 A. & E. 107. A partial assignment is valid, and binding on an employer, when notice is given. Strong v. Strong, 2…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The plaintiff was in the employment of the defendant in 1884 at twenty dollars per month. April 12, 1884, he wrote a line to the defendant, requesting him to pay to John'Hardigan, or order, the sum of ten dollars per month for the next two months and the sum of five dollars per month thereafter while he should work for the defendant, until a certain judgment against him should be paid. Attached to the writing was an acceptance and an agreement to • pay Hardigan these sums as they became due. The order was presented to the defendant with a…
2Cases cited2 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Thayer & Williams v. KelleySupreme Court of Vermont · 1855
3Cited by6 opinions
- Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Sparks v. Spaulding Mfg. Co.Supreme Court of Iowa · 1913
- Petit v. . WoodliefSupreme Court of North Carolina · 1894
- Burditt Bros. v. PorterSupreme Court of Vermont · 1891
- Wenham v. MallinAppellate Court of Illinois · 1902
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