Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York; With Notes, References, and an Index Volume 4

Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York; With Notes, References, and an Index Volume 4

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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. 1867 edition. Excerpt: ...to him. It was not necessary, for a transfer of the claim, that the assignment should be in writing. A mere delivery would be sufiicient, and by such delivery the title of Platt to it was as perfect as the subsequent written assignment could make it. If Platt had no title, his subsequent filling up the blank assignment with the plaintifls name gave none to him. It is not pretended that there ever was any subsequent agreement by which Seely and Close transferred this claim to the plaintiff; and if the plaintifis claim is of any validity, it is as the assignee of Jacob S. Platt. It is immaterial whether Platt transferred by delivery, or by filling up the blank in the origiualassignment intended for him. In either event, he was for the time the holder, and by the transfer to the plaintiff he became the assignor. The I defendant should have been received to testify as to the matters to which Jacob S. Platt testified, so far as related to this claim. There are other questions in this case which are at least very doubtful. How far Catharine E. Flatt, being a married woman, was the party entitled to assign the claim, may well be questioned. It does not appear to be the proceeds of her separate estate, and if it was not, she had no right to assign it; it still remained the property of her husband, and he could assign it. The relation of the defendant, as agent for Mrs. Platt, did not prevent him from requiring that any transfer of the claim against him should be executed by the proper parties. The judgment obtained by Baker against Platt also should have been received in evidence, if at the date of it the claim against Baker was the property of Platt; and in that case the claim should have been set oil' in the action of Baker...show more

Product details

  • Paperback
  • 189 x 246 x 15mm | 517g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236884760
  • 9781236884763