Court Of Appeals Of The State Of New York 1907 Vol50

Author : Nathan Howard Jr.
Publisher : Forgotten Books
ISBN 13 : 9780484771740
Total Pages : 646 pages
Book Rating : 4.7/5 (717 download)

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Download or read book Practice Reports in the Supreme Court and Court of Appeals of the State of New York, Vol. 50 (Classic Reprint) written by Nathan Howard Jr. and published by Forgotten Books. This book was released on 2017-12-25 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Practice Reports in the Supreme Court and Court of Appeals of the State of New York, Vol. 50 An assignment by a contractor for work contracted to be done for a city, of the amounts which would have become due from the city from time to time, made before the doing of the work or the performance of the conditions upon which the payments depended, would, under the liberal rule permitting the assignment of choses in action now prevailing, be valid. Expectancies as well as existing rights of action may be assigned, and the right of the assignee will be protected and enforced at law. The assignment may include all contingent and incidental benefits or results of an executory contract, as well as the direct profits or earnings under it, and thus entitle the assignee to the damages resulting from a violation Of its terms. The right of action for a breach of the 'contract, resulting in pecuniary loss to the contractor, would survive to the personal representatives of the aggrieved party - and that is one test of the assignability of con tracts and choses in action. The assignability of a contract must depend upon the nature Of the con tract and the character Of the Obligations assumed, rather than the supposed intent of the parties, except as that intent is expressed in the agreement. Parties may, in terms, lawfully prohibit the assignment Of any contract. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.