Code Remedies Remedies And Remedial Rights By the Civil Action According to the
Code Remedies Remedies And Remedial Rights By the Civil Action According to the
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St i. S a mere and cases cited; Hardin v. Helt(jn, 50 conclusion of law, and insufficient: Esch Ind. 319. V. White (1901), 82 Minn. 462, 85 N. W.
^ Carpenter v. Miles, 17 B. Mon. 598, 238, 718. But an allegation that prior to 602. See Palmer v. Mt. Sterling Nat. Tlie commencement of tlie suit the plaintiff 96 CIVIL REMEDIES. ; jj 70. *lo2. Absolute Assignment made Conditional or Partiad by Contemporaneous and Collateral Agreement. Analogous to the subject discussed in the preceding paragraph is... the question whether an assignee, to whom a thing in action has been trans- ferred by an assignment which is absolute in its terms, so as to vest in him the entire legal title, but which, by means of a contemporaneous and collateral agreement, is, in fact, rendered conditional or partial, is the real party in interest. It is now settled by a great preponderance of authorit}', although there is some conflict, that if the assignment, whether written or verbal, of an3-thing in action is absolute in its terms, so that by virtue thereof the entire apparent legal title vests in the assignee, any contemporaneous collateral agreement by virtue of which he is to receive a part onh' of the proceeds, " and is to account to the assignor or other person for the residue, or even is to thus account for the whole proceeds, or by virtue of which the absolute trans- fer is made conditional upon the fact of recovery, or by which his title is in any other similar manner partial or conditional, " does not render him any the less the real party in interest:^ he is entitled to sue in his own name, whatever collateral arrangements have been made between him and the assignor respecting the pro- ceeds.
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To quickly assess the difficulty of the text, read a short excerpt:
St i. S a mere and cases cited; Hardin v. Helt(jn, 50 conclusion of law, and insufficient: Esch Ind. 319. V. White (1901), 82 Minn. 462, 85 N. W.
^ Carpenter v. Miles, 17 B. Mon. 598, 238, 718. But an allegation that prior to 602. See Palmer v. Mt. Sterling Nat. Tlie commencement of tlie suit the plaintiff 96 CIVIL REMEDIES. ; jj 70. *lo2. Absolute Assignment made Conditional or Partiad by Contemporaneous and Collateral Agreement. Analogous to the subject discussed in the preceding paragraph is... the question whether an assignee, to whom a thing in action has been trans- ferred by an assignment which is absolute in its terms, so as to vest in him the entire legal title, but which, by means of a contemporaneous and collateral agreement, is, in fact, rendered conditional or partial, is the real party in interest. It is now settled by a great preponderance of authorit}', although there is some conflict, that if the assignment, whether written or verbal, of an3-thing in action is absolute in its terms, so that by virtue thereof the entire apparent legal title vests in the assignee, any contemporaneous collateral agreement by virtue of which he is to receive a part onh' of the proceeds, " and is to account to the assignor or other person for the residue, or even is to thus account for the whole proceeds, or by virtue of which the absolute trans- fer is made conditional upon the fact of recovery, or by which his title is in any other similar manner partial or conditional, " does not render him any the less the real party in interest:^ he is entitled to sue in his own name, whatever collateral arrangements have been made between him and the assignor respecting the pro- ceeds.
What to read after Code Remedies Remedies And Remedial Rights By the Civil Action According to the?
You can find similar books in the "Read Also" column, or choose other free books by John Norton Pomeroy to read onlineMoreLess
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