Titus v. Miller

On December 1st, 1925, the complainant, by written agreement assigned to the defendant executor's decedent, Edward H. Titus (hereinafter referred to as Edward), a claim for 250 shares of the capital stock of Secor Hotel Company in "order to enable" the decedent to institute suit against Lou C. Wallick. Under the terms of the assignment any proceeds of the assigned claim collected by Edward were to be delivered to the complainant for distribution in accordance with the terms of the agreement. Edward instituted suit for the claim against Wallick in the State of New York, and in May, 1934,…