Barnes v. Alexander

Citations

• 232 U.S. 117
• 34 S. Ct. 276
• 58 L. Ed. 530
• 1914 U.S. LEXIS 1424

Syllabus

<p>Where the remarks in the opinion are not necessary to the decision, which was placed mainly on other grounds, and are contrary to an earlier decision, this court is at least warranted in treating the question as at large.</p> <p>Although it might be its duty to do so, it would be a strong thing for this court to decide that there was nothing to warrant a conclusion, whether of law or of fact, sanctioned by the highest court of a Territory that has since become a State, upon a matter no longer subject to review here. Phoenix By. v. Landis, 231 U. S. 578.</p> <p>An informal business transaction should be construed as adopting whatever form consistent with the facts as is most fitted to reach the result seemingly desired. Sexton v. Kessler, 225 U. S. 90.</p> <p>It is an ancient principle even of the common law that words of covenant may be construed as a grant when they concern a present right.</p> <p>In equity, a contract to convey a specific object even before it is acquired will make a contractor a trustee as soon as he gets title thereto.</p> <p>An obligation to pay, but definitely limited to payment out of the fund, creates a lien. There should be but one rule in this respect and that is the one suggested by plain good sense.</p> <p>Where parties have a lien on a fund they can follow it, as soon as iden- . tified, into the hands of others than the person originally receiving it. Oh this point this court follows the territorial court.</p> <p>In this case held that parties promised for a consideration a definite portion of a contingent fee if earned had a hen thereon when received by the promisor that they could follow and enforce.</p>