A Treatise on the Law of Choses in Action
by John James Kehoe (9780217156189)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER IV. ASSIGNMENTS AT COMMON LAW AND UNDER THE STATUTE. Assignment of Choses in Action forbidden at Common Law. Exceptions to Common Law Doctrines?Statutory Changes. Verbal Assignments. Novations. Equitable Principles introduced into Common Law. The Statute 35 Vic., cap. 12. Statute Retrospective. Assignee must possess Beneficial Interest. Assignee only can sue when assignment complete. Assignor can still sue in his own name in certain cases. Part of Debt can be assigned. Assignee takes subjects to rights of set off and other defences. What can be assigned. Future Interests assignable. Voluntary assignments. Larceny of a Chose in Action. Garnishment of Assigned Debts. Assignments against Public Policy. Right of Assignee to Evidences of Assigned Debt. Assignment of Contracts and Choses in Action forbidden at Common Law. From an early period, until the passing in the year 1872 of 35 Vic., cap 12. (Rev. Stat. Ont., cap. 116, sees. 6 to 12 inclusive), it was the settled doctrine at common law that choses in action were not assignable so as to enable the assignee to sue for them in his own name, (See Chapter I). As said in Addison on Contracts: " The common law in times past, discountenanced the assignment of all rights and causes of action, as tending to increase maintenance and litigation, and would not consequently suffer the right to the fulfilment of a contract of a personal nature, to be transferred from hand to hand. The performance of a contract for work might be delegated to a subordinate agent or servant, but not the right to sue upon the con- tract. Thus, where A. being employed by the defendant to transport goods to a foreign market, delegated the entire employment to the plaintiff, and the plaintiff having performe...

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