 | Asa Kinne - 1853 - 538 pages
...assented thereto. The same principle would apply to the case of an assignment of a part of such debt ; in each case, a trust would be created in favor of...fund, and would constitute an equitable lien upon it. — Tiernan v. Jackson, 5 Pete's' //e/i.,598. Collyer v. Fallon, 1 Turner Sf Russ. Rep., 470, 475,... | |
 | Thomas Nesbitt McCarter - 1867 - 612 pages
...thereto. The same principle would apply to the case of an assignment of a part of such debt. In such case a trust would be created in favor of the equitable...fund, and would constitute an equitable lien upon it." 2 Story's Eq. Jur.,1, 1043-4. The authorities in support of the principle are very numerous ; nor,... | |
 | Sir Thomas Wardlaw Taylor - 1875 - 640 pages
...Everett, 4 Bro. CC 64 ; Lett ». Morris, 4 Sim. 607 ; Watson t>. Duke of Wellington, 1 R. A, M. 602,603. assignee on the fund, and would constitute an equitable lien upon it(«). 873. Where the question may arise of an absolute appropriation of the proceeds of an assignment or... | |
 | Nevada. Supreme Court - 1879 - 592 pages
...assented thereto. The same principle would apply to the case of an assignment of part of such debt. In each case a trust would be created in favor of...fund and would constitute an equitable lien upon it." In referring to this language of Judge Story, the court in Harris v. Clark, supra, said: "This is undoubtedly... | |
 | Iowa. Supreme Court - 1882 - 818 pages
...written instrument. In Story's Eq., Vol. 2, Sec. 1045, it is said : " In regard to the other classes of cases above suggested, namely, those where the...courts of equity, like courts of law, will not deem the appropriations to the creditors absolute until the creditors have notice thereof, and have assented... | |
 | John Bouvier - 1882 - 812 pages
...an agreement, express or implied, to pay it.8 In equity, on the contrary, a trust would in such case be created in favor of the equitable assignee on the...fund, and would constitute an equitable lien upon it. But in order to entitle a creditor to claim such money in equity he must have had notice of the transaction... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1884 - 684 pages
...Wilson et aL of an assignment of a part of such debt. In each case, a trust would be created in fkvor'of the equitable assignee on the fund, and would constitute an equitable lien upon it." Story Eq., section 1044. See, also, Morton v. Naylor, 1 Hill, 583; McKernan v. Mayhew, 21 Ind. 291;... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1885 - 678 pages
...assented thereto. The same principle would apply to the case of an assignment of a part of such debt. In each case, a trust would be created in favor of...fund, and would constitute an equitable lien upon it." It may be added, too, that the depositary bank is not in a position to make the point that the depositor's... | |
 | Joseph Story - 1886 - 962 pages
...law. Infra, p. 366, Wall. 113, 116, in regard to the nature an assignment of a part of such debt.1 In each case a trust would be created in favor of...appropriation of the proceeds of an assignment or remittauce directed to be paid to particular creditors, Courts of Equity, like Courts of Law, will... | |
 | John Warwick Daniel - 1886 - 1054 pages
...principle applies in equity to a draft for part of a fund that applies to a draft for the whole, and that "in each case a trust would be created in favor of the equitable assignee of the fund, and would constitute an equitable lien upon it." We can perceive no sufficient reason... | |
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В., should order it to be paid to C., the order would amount in equity to an assignment of the debt, and would be enforced in equity, although the debtor had not assented... 
