 | Law - 1832 - 578 pages
...Compton, 2 PW 308; Palmer v. Craufurd, 3 Swans. 482.)— Dutuson v. Heanic, R. & M, 606. ASSIGNMENT. In order to constitute an equitable assignment, there...be an engagement to pay out of the particular fund in question ; a direction to pay generally, with an intimation that the creditor has a claim upon the... | |
 | Great Britain. Court of Chancery, James Russell, James William Mylne - Equity - 1832 - 858 pages
...the crown. Mr. Spence, Mr. Wright, and Mr. Wray, for other Defendants. The MASTER of the ROLLS. In order to constitute an equitable assignment, there...be an engagement to pay out of the particular fund. I am not at liberty to conjecture what might have been the intention of the parties, except as it is... | |
 | Great Britain. Court of Chancery, James Russell, James William Mylne - Equity - 1832 - 850 pages
...the crown. Mr. Spence, Mr. Wright, and Mr. Wray, for other Defendants. The MASTER of the ROLLS. In order to constitute an equitable assignment, there...be an engagement to pay out of the particular fund. I am not at liberty to conjecture what might have been the intention of the parties, except as it is... | |
 | Joseph Chitty - Civil procedure - 1833 - 1020 pages
...assignment of a debt may be by simple writing, or by word as well as by deed.(s) In order to constitute even an equitable assignment, there must be an engagement to pay out of the particular fund, or appropriate words transferring it, inserted in the letter or other instrument, for otherwise, though... | |
 | New York (State). Court of Chancery, William T. McCoun - Equity - 1837 - 754 pages
...particular fund. For the purpose of constituting an equitable assignment, there must be an order or engagement to pay out of the particular fund: Watson v. The Duke of Wellington, 1, Russ. & M. 602. If the money in question had come into the hands of Mr. Fitch before the complainants... | |
 | T. M. Lalor - Law reports, digests, etc - 1837 - 762 pages
...particular fund. For the purpose of constituting an equitable assignment, there must be an order or engagement to pay out of the particular fund: Watson v. The Duke of Wellington, 1. Russ. & M. 602. If the money in question had come into the hands of Mr. Fitch before the complainants... | |
 | Samuel Bealey Harrison, Frederic Edwards - Nisi prius - 1838 - 908 pages
...promised to discharge on receiving assets, it was a good equitable assignment of the debt(a). But in an equitable assignment, there must be an engagement to pay out of the particular fund (4). 4. Of the Auignee's Rights and Remediei after the Assignment.'] — The assignee in all cases... | |
 | Great Britain. Court of Chancery, James William Mylne, Richard Davis Craig - Equity - 1843 - 782 pages
...and, in Watson v. The Duke Wellington (<•), Sir J. Leach thus defines an equitable assignment : " In order to constitute an equitable assignment, there must be an engagement to pay out of a particular fund." Upon this principle it is that assignments of future freight and of non-existing... | |
 | Great Britain. Court of Chancery - Equity - 1844 - 772 pages
...crown. Mr. Spence, Mr. Wright, and Mr. Wray, for other defendants. THE MASTER OF THE ROLLS : — In order to constitute an equitable assignment, there...must be an engagement to pay out of the particular fund.[i] I am not at liberty to conjecture what might have been the intention of the parties, (a) 4... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1849 - 706 pages
...Watson v. The Duke of Wellington, (1 Russ. fy Mylne, 602.) The master of the rolls there says : " In order to constitute an equitable assignment, there...be an engagement to pay. out of the particular fund ;" and he dismissed the bill because he could not find " any engagement of the Marquis of Hastings... | |
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Leach thus defines an equitable assignment : ' In order to constitute an equitable assignment, there must be an engagement to pay out of a particular fund. 
