Rice v. Stone
Massachusetts Supreme Judicial Court
Bill in equity filed March 26 1860, alleging that the plaintiff is a creditor of the defendant Stone; that Stone has not any vroperty which can be come at to be attached ; that on the 24th of March 1860, Stone recovered judgment against the other defendant, Noah Perrin, in the superior court in Boston, for two hundred dollars and costs, in an action of tort for injuries to the person, which sum he is about to collect for his own use, and does not intend to apply the same to…
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Bill in equity filed March 26 1860, alleging that the plaintiff is a creditor of the defendant Stone; that Stone has not any vroperty which can be come at to be attached ; that on the 24th of March 1860, Stone recovered judgment against the other defendant, Noah Perrin, in the superior court in Boston, for two hundred dollars and costs, in an action of tort for injuries to the person, which sum he is about to collect for his own use, and does not intend to apply the same to the payment of the plaintiff’s demand; and praying'for an injunction to stay execution on the judgment, and for a decree…
1Opinion of the CourtChapman, J.
No case is cited where it has been held that an assignment of a claim for damages for an injury to the person has been held good, when the assignment was made before judgment in an action for the tort. Such claims were not assignable at common law. On the contrary, a possibility, right of entry, thing in action, cause of suit or title for condition broken, could not be granted or assigned over at common law. Bac. Ab. Assignment, A. Com. Dig. Assignment, A. Shep. Touchstone, 240. But this ancient doctrine has been greatly relaxed. Commercial paper was first made assignable to meet the…
2Cases cited3 opinions
- People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
- Montgomery v. LamptonCourt of Appeals of Kentucky · 1861
- Gardner v. AdamsNew York Supreme Court · 1834
3Cited by22 opinions
- Marks v. Hardware Dealers Mutual Fire Insurance Co.Missouri Court of Appeals · 1967
- Harleysville Mutual Insurance Company v. LeaCourt of Appeals of Arizona · 1966
- Berlinski v. OvelletteSupreme Court of Connecticut · 1973
- Marsh v. Western New York & Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1903
- Scarlett v. BarnesDistrict Court, W.D. Missouri · 1990
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