 | Law - 1895 - 252 pages
...to pay out of a particular fund, however clear in its terms, is not an equitable assignment of it. The assignor must not retain any control over the fund, any authority to collect it, or any power of revocation; Christmas v. Russell, 14 Wallace 70; Geist's Appeal, 104 Pa. 351. This... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1883 - 790 pages
...the parties and the instructions given to Donnell, Lawson & Co., the Mastin Bank did not thereafter " retain any control over the fund, any authority to collect, or any power of revocation." Therefore the claim of the defendants can be supported without departing from the principle upon which... | |
 | Law - 1884 - 552 pages
...retain any control over the fund ; any authority to collect it, or any power of revocation; if he does it is fatal to the claim of the assignee. The transfer must be of such a character that the fuudholder cau safely pay, and is compelled to do so though forbidden by the assignor." The same doctrine... | |
 | Law - 1884 - 554 pages
...to pay out of a ^particular fund, however clear in its terms, is notan equitable assignment. * * * The assignor must not retain any control over the fund ; any authority to collect it, or any power of revocation ; if he does it is fatal to the claim of the assignee. The transfer... | |
 | Law - 1884 - 542 pages
...to pay out of a particular fund, however clear in its terms, is not an equitable assignment. * * * The assignor must not retain any control over the fund ; any authority to collect it, or any power of revocation ; if he does it is fatal to the claim of the assignee. The transfer... | |
 | Law reports, digests, etc - 1900 - 1134 pages
...is not material, provided the intent to transfer Is manifested. Such an intent and its execution are Indispensable. The assignor must not retain any control...The transfer must be of such a character that the fund holder can safely pay, and is compellttble to do so, though forbidden by the assignor. Where the... | |
 | Law reports, digests, etc - 1905 - 1166 pages
...Is not an equitable assignment. A covenant in the most solemn form has no greater effect. • » » The assignor must not retain any control over the...The transfer must be of such a character that the fund holder can safely pay, and is compcllable to do so, though forbidden by the assignor. [Citing... | |
 | Law reports, digests, etc - 1905 - 1028 pages
...particular fund, however clear in its terms, is not an equitable assignment The crucial test is that the assignor must not retain any control over the...any authority to collect or any power of revocation. The transfer must be of such a character that the holder of the fund can safely pay, and is compellable... | |
 | United States. Supreme Court - Law reports, digests, etc - 1890 - 736 pages
...is not materhil provided the intent to transfer is manifested. Such an intent and its execution are indispensable. The assignor must not retain any control...character that the fundholder can safely pay, and is compelluble to do so, though forbidden by the assignor. Where the transfer is of the character described,... | |
 | Frank Frederick Brightly - Law reports, digests, etc - 1890 - 686 pages
...assignor must not retain any control of the fund, any authority to collect it, or any power of revocation. The transfer must be of such a character that the fund-holder can safely pay, and is compelled to do so, though forbidden by the assignor. Grist's Appeal, 104 PS 351. 16. As to the essentials... | |
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Its execution are indispensable. The assignor must not retain any control over the fund,— any authority to collect or any power of revocation. If he do, It is fatal to the claim of the assignee. The transfer must be of such a character that the fund... 
