Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 34

Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 34

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: an equitable assignment. In Ford 0. Anglerodt, 37 M 0. 50, where the order was for the whole amount in the hands of the drawee, there were other facts which need not be mentioned and it was there declared " that in an agreement, between debtor and creditor that the debt owing should be paid out of a specific fund coming to the debtor, an order, given by the debtor upon the person owing the money or holding the funds belonging to the giver of the order directing such person to pay such funds to the creditor, will create a valid equitable charge upon the funds." A This case is in line with that of Kimball '0. Donald, 29 Mo. 577, which last named case was based upon the opinion of Chancellor Tn_URo in Haddock '0. Gandell, 15 Eng. L. & Eq. 30. It appears from the foregoing cases that, where an order is drawn by the debtor in favor of the creditor on the drawee for the whole of a specific fund, the acceptance of the drawee is not necessary to the validity and lien of the assignment so made. An order calling for a fund in its entirety seems not to be within the operation of the rule which enjoins acceptance by the drawee. But the claimant's order in this case while on a specific fund was for only a part of it, and, besides this, there was no acceptance by Dudley, the drawee. It is contended by the counsel for the claimant that the order being non-negotiable and for only part of the specific fund in the hands of Dudley, that the same rule applies as if it was for the whole amount, and, in support of their position, 2 Story Eq. J ur., sec. 1044, is cited. Judge Snnmvoon who is an authority we are bound to recognize, in Burnett 0. Crandall, supra, remarked that "the mischief incident to these partial assignments, more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • United States
  • English
  • Illustrations, black and white
  • 1236795172
  • 9781236795175