(Download) "Osborne v. Mcdonald" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Osborne v. Mcdonald
- Author : Supreme Court of Montana
- Release Date : January 25, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Assignments ? Choses in Action ? Assignment of Claim ? Notice ? Effect of Assignment ? Parties ? Presumption. Assignments ? Notice of Assignment of Claim to Debtor not Essential to Render Right of Assignee Superior to That of Judgment Creditor. 1. Notice to the debtor of an assignment of a claim prior to levy of execution pursuant to judgment thereon is not essential to complete the assignment or to render the rights of the assignee superior to those of the judgment creditor. Same ? of Chose in Action Carries With It Means of Enforcing It. 2. The assignment of a chose in action operates as an assignment of the means of enforcing it and, hence, carries with it the judgment thereafter procured thereon. Same ? Parties ? Action on Claim Pending at Time of Its Assignment ? Action may Continue in Name of Assignor. 3. Though under section 9067, Revised Codes 1921, every action must be prosecuted in the name of the real party in interest, where an action on a claim is pending at the time of its assignment, it may, under section 9086, be continued in the name of the assignor. Same ? Assignment of Claim Pending Action ? Parties ? Presumption. 4. Where the assignee of a claim, assigned pending action thereon, received the proceeds of the subsequent judgment in accordance with the assignment, it will be presumed that he consented to the maintenance of the action by the assignor, thus protecting the debtor from double liability.