Legal Opinion

Brown v. West

Court of Appeals of Georgia

Decided May 15, 1926No. 16841PublishedCited by 16 opinions

1Opinion of the CourtJenkins, P. J.

1. Where creditors make a full written assignment of their claim to a third person, although it be to secure a lesser indebtedness of theirs to the assignee, the assignment vests in the assignee the full legal title to the entire chose in action; and in such a case the assignee is vested with the right to maintain an action for the full amount of the chose in action, being charged with the duty of holding the excess, above the amount of the secured debt, as trustee for the assignors.

*445Decided May 15, 1926.

2. Where such an assignment of a chose in action is not made until after the assignor has…

2Cases cited4 opinions

  1. Rivers v. Wright & Co.Supreme Court of Georgia · 1903
  2. Pullman Co. v. SchaffnerSupreme Court of Georgia · 1906
  3. Suwannee Turpentine Co. v. Baxter & Co.Supreme Court of Georgia · 1900
  4. Wood v. McGuire's ChildrenSupreme Court of Georgia · 1857

3Cited by16 opinions

  1. Chatham Ventures, Inc., Scott Thompson and Laurie K. Abbott v. Federal Deposit Insurance Corporation, Chatham Ventures, Inc., Scott Thompson and Laurie K. Abbott v. Federal Deposit Insurance CorporationCourt of Appeals for the Fifth Circuit · 1981
  2. Staten v. General Exchange InsuranceCourt of Appeals of Georgia · 1928
  3. Henry v. MoisterCourt of Appeals of Georgia · 1980
  4. American National Insurance v. BrantleyCourt of Appeals of Georgia · 1928
  5. Robinson Explosives, Inc. v. Dalon Contracting Co.Court of Appeals of Georgia · 1974

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