Holmes v. . Evans
New York Court of Appeals
Appeal from judgment of the General Term of the Superior-Court of the city of Hew York, entered upon an order made February 4, 1891, which affirmed a judgment in favor of defendants entered upon the report of a referee; also appeal from order of said General Term of the same date, which affirmed an order denying a motion to open and vacate said report.
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Appeal from judgment of the General Term of the Superior-Court of the city of Hew York, entered upon an order made February 4, 1891, which affirmed a judgment in favor of defendants entered upon the report of a referee; also appeal from order of said General Term of the same date, which affirmed an order denying a motion to open and vacate said report. This was an action to enforce the specific performance of a contract entered into by plaintiffs, a firm of lawyers, and defendants, who were without means, whereby the plaintiffs-agreed to conduct certain proceedings and suits of a complicated…
1Opinion of the CourtAndrews, J.
There is authority tending to support the claim that by force of the agreement of March 24, 1890, there was an equitable assignment by the- defendants to the plaintiffs of an interest to the extent specified in the agreement of the claim of the defendants against Lippincott. (Fairbanks v. Sargent, 104 N. Y. 108 ; Williams v. Ingersoll, 89 id. 508.)
An equitable assignment has been defined to be such an assignment as gives the assignee a title which, although not cognizable at law, equity will recognize and protect. Such an assignment passes an immediate equitable interest in the subject,…
2Cases cited2 opinions
- Christmas v. RussellSupreme Court of the United States · 1872
- Fairbanks v. . SargentNew York Court of Appeals · 1887
3Cited by50 opinions
- Ward v. New York Life InsuranceNew York Court of Appeals · 1919
- In Re the Estate of MontgomeryNew York Court of Appeals · 1936
- Hinkle Iron Co. v. . KohnNew York Court of Appeals · 1920
- Williams v. . BarkleyNew York Court of Appeals · 1900
- United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
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