A Selection of Leading Cases in Equity volume Vol 1 Pt 1
A Selection of Leading Cases in Equity volume Vol 1 Pt 1
Frederick Thomas White
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Upon the authority of Sloane v. Cadogan and Fortescue v. Bar- nctt, it has been held, that the assignment of a debt to a volunteer was binding, although nothing passed at law. See Blakely v. Brady, 2 Dru. & Walsh, 311. There A. Made a voluntary assignment to B. Of a note or memorandum in writing, being the acknowledgment of a sum of 1, 620Z. Then due to him from K. , and all interest due, and to accrue due, upon trust to pay the interest thereof unto A. , his executors, administrators, and assi...gns, for his life, and a period of fourteen months afterwards, and, at the expiration of the said fourteen months, after making certain payments therein mentioned, as to the residue, in trust for B. Absolutely. The deed also con- tained a power of attorney to B. To recover the said debt. A. Soon afterwards died, without having made any will or other disposition of the property. The administrator of A. Refused to allow his name to be used to enable B. To recover the said sum, having actually him- self commenced an action for that purpose.
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