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· 3/6/1985

Bank of Cave Spring v. Gold Kist, Inc.

Citations

  • 327 S.E.2d 800
  • 173 Ga. App. 679
  • 41 U.C.C. Rep. Serv. (West) 639
  • 1985 Ga. App. LEXIS 2666

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that assignor must intend to make the assignment
  • “An assignment is a contract and, in order to be valid, must possess the same requisites ... as any other contract.”
  • “An assignment, unlike a lien, is not merely a charge upon the subject property but is an absolute, unconditional, and completed transfer of all right, title, and interest in the property that is the subject of the assignment_”
  • Assignment of a right is defined in the Restatement of Contracts 2d as a “manifestation of the assignor’s intention to transfer it by virtue of which the assignor’s right to performance is extinguished in whole or in part and the assignee acquires a right to such performance.”
  • Assignment of a right is defined in the Restatement of Contracts 2d as a \manifestation of the assignor's intention to transfer it by virtue of which the assignor's right to performance is extinguished in whole or in part and the assignee acquires a right to such performance.\
  • insider includes a relative of the debtor

Source: CourtListener parenthetical corpus (CC0).

Judges: Deen, McMurray, Sognier

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.