Assignment Of Cause Of Action

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The assignee has no right to insist on the action being carried on; in fact, the result of a compromise is actually included as a subject of the assignment." (At p.

* * * Such an assignment does not give the assignee any right to interfere in the proceedings in the action.

73.) "The agreement for their services in prosecuting the action for false imprisonment to be compensated by the security of the verdict, when obtained, although not effective to transfer the cause of action, attached as an equitable claim to the verdict, and the assignment transferred the title to them." ( Zogbaum v.

365.) "The assignment of the verdict and judgment to be recovered in a pending action for tort has been supported as not an assignment of a mere right of action, but of property to come into existence in the future." (Italics mine.) (5 C. Were the cause of action to recover for property damage, would we write the same distinction into the law?

893.) One ventures to ask what then becomes of the real party in interest rule. If paid after notice, in disregard of his rights, the court would, upon motion, set aside a discharge of the judgment and allow the attorney to enforce the judgment by its process so far as was needful for his protection." ( Goodrich v.

185.) But aside from a situation like the instant case, much of the old restriction and condemnation has vanished. If the thing recovered was in a judgment, and notice of the attorney's claim had been given, the court would not allow the judgment to be paid to the prejudice of the attorney. For the hospital is a stranger to the cause of action, and to the legal proceedings for its enforcement or compromise. Nor can the hospital claim any rights by reason of subrogation. Besides, the services of a hospital are purely voluntary, though they may be most valuable. of the Personal Property Law expressly prohibits the assignment of a cause of action for personal injuries. However, repeated precedents of many years' standing tell us this is the law. I think the decision must wait on the answer to two propositions: (1) What rights, if any, did the plaintiff acquire by the paper signed by Mc Manus; (2) has this court the power to enforce such rights? 508, 518.) "There could be no legal assignment of a fund not in existence or proceeds not realized, but equity treats them as if existing or realized, and the contract for their receipt by Fairbanks as an equitable assignment of the stipulated share to him, and, as a consequence, makes him the equitable assignee of so much of the debt or demand as is represented by his share of the proceeds." (Italics mine.) ( Fairbanks v. Unless prohibited by public policy or statute, the paper signed by Mc Manus was a valid assignment of the proceeds. "The fact that there was no fund then in existence, or any claim which could then be enforced by action, did not prevent the instrument taking effect as an equitable assignment." ( Jones v. The statutory prohibition against the assignment of a cause of action for personal injuries is the outgrowth or the survival of the laws against maintenance. 368.) "We do not think that such an agreement deprives a party of the right to control the management of his own cause, and to determine when the litigation shall cease and how far it shall be extended. It does not act as an indemnitor nor does it pay or underwrite any damages sustained by the injured person.


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