Brady v. Chadbourne
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Mille Lacs county, Searle, «L, refusing a new trial after a verdict for defendant. An order, drawn by a creditor, upon funds in the hands of the debt- or, and not accepted by the debtor, is an equitable assignment. Dean v. St. Paul, 53 Minn. 504; Bradley v. Berns, 51 N. J. Eq. 437; Williams v. Ingersoll, 89 N. Y. 508. This order in question said in so many words that it was an assignment.
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Appeal by plaintiff from an order of the district court for Mille Lacs county, Searle, «L, refusing a new trial after a verdict for defendant. An order, drawn by a creditor, upon funds in the hands of the debt- or, and not accepted by the debtor, is an equitable assignment. Dean v. St. Paul, 53 Minn. 504; Bradley v. Berns, 51 N. J. Eq. 437; Williams v. Ingersoll, 89 N. Y. 508. This order in question said in so many words that it was an assignment. This is not a case where only part of the fund drawn upon has been assigned. The entire claim was contemplated in this order, and the fact that it…
1Opinion of the CourtStart, C. J.
The amended complaint herein alleged that Isaac W. Fitzgerald, at the special instance and request of the defendant, performed services for him which were' of the reasonable value of $350; that afterwards, and on March 24,1890, Fitzgerald, for a valuable consideration, duly assigned his claim on account of such services to the plaintiff, who on the same day notified the defendant of such assignment, and demanded payment of the claim to him; that the defendant objected to paying the full sum of $350; thereupon the defendant agreed to pay, and the plaintiff to receive, $250, in full of the…
2Cases cited2 opinions
- Lewis v. Traders' BankSupreme Court of Minnesota · 1883
- Schilling v. MullenSupreme Court of Minnesota · 1893
3Cited by4 opinions
- Varley v. SimsSupreme Court of Minnesota · 1907
- Pillsbury Investment Co. v. OttoSupreme Court of Minnesota · 1954
- Newsom v. MeadeWest Virginia Supreme Court · 1926
- United States Fidelity & Guaranty Co. v. ButcherSupreme Court of Alabama · 1931