McDaniel v. Maxwell
Oregon Supreme Court
Plaintiff appeals. On February 28,1890, the defendant E. J. Maxwell, who was a contractor for the improvement of certain streets in Portland, executed and delivered to the garnishee, the Commercial National Bank, an order on the auditor of the city of Portland, directing him to deliver to said bank any and all warrants drawn in his favor on account of said street improvement, and authorizing the bank to receipt for and endorse the warrants in his name.
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Plaintiff appeals. On February 28,1890, the defendant E. J. Maxwell, who was a contractor for the improvement of certain streets in Portland, executed and delivered to the garnishee, the Commercial National Bank, an order on the auditor of the city of Portland, directing him to deliver to said bank any and all warrants drawn in his favor on account of said street improvement, and authorizing the bank to receipt for and endorse the warrants in his name. Before the bank received any of the warrants from the city of Portland, Maxwell, for a valuable consideration, executed and delivered to the…
1Opinion of the CourtBean, J.
The only question necessary for us to consider on this appeal is, whether the orders from Maxwell on the garnishee in favor of Wah Sing Company and R. Weeks, under the facts of this case, operated as an assignment or appropriation pro tanto, of the funds to be collected by the garnishee on the warrants assigned to it by Maxwell.
It is universally recognized that at law a part only of an entire demand cannot be assigned so as to enable the assignee to bring an action upon it without the consent of the debtor, for the sufficient reason that it would subject the debtor to a multiplicity of…
2Cases cited9 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
- County of Harris v. CampbellTexas Supreme Court · 1887
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Munger v. . ShannonNew York Court of Appeals · 1874
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3Cited by22 opinions
- Wasco Co. v. New England Equitable Ins.Oregon Supreme Court · 1918
- Sweeney v. Jackson CountyOregon Supreme Court · 1919
- Gillette, Libby v. Murphy, Carroll, BroughSupreme Court of Oklahoma · 1898
- First National Bank of Pocatello v. Commercial Union Assurance Co.Idaho Supreme Court · 1925
- What Cheer Savings Bank v. MowerySupreme Court of Iowa · 1910
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