County of Harris v. Campbell

Citations

• 68 Tex. 22
• 3 S.W. 243
• 1887 Tex. LEXIS 638

Syllabus

<p>1. Contract—Waiver.—One who employs another at an agreed price to perform mechanical work in the construction of a specific article, who accepts, receives possession of and uses the article after its completion, is liable to the workman for the reasonable value of his work.</p> <p>3. Assignments of Choses in Action.—Though ateQinmon law an interest in a chose in action can not be assigned so as to enable the claimant oi each interest to bring suit for its collection, in equity a different rule prevails, and an assignment which conveys an interest in a chose in action may be made either by direct transfer, or by order drawn upon the particular fund. On this point Goldman v. Blum, 58 Texas, 680, followed, and Caldwell v. Hartupee, 70 Pennsylvania State, 74; Hall v. Buffalo, 3 Abbott on Appeals, 310; Brice v. Tuttle, 81 New York, 454, and other cases cited and approved.</p> <p>3. Same.—Even in equity, no interest is acquired in a chose in action by a mere order for a designated sum of money drawn against the debtor; to acquire such interest the order must-be drawn against the specific fund.</p> <p>4. Same.—When a part of a debt is assigned, the assignee acquires a right of action in equity against the debtor, and hot only alien upon the fund but a property in the fund itself. Though he owns but an interest in the chose in action, he may enforce its collection and an equitable distribution, by suit against the debtor and the other parties in interest. The several claimants under assignments of specific interests in the debt, have priority of right to payment in accordance with the dates at which their interests were acquired.</p> <p>5. Oases Reviewed.—The cases of Lindsey v. Price, 33 Texas, 380, and Prank v. ICaigler, 36 Texas, 306, considered and commented on.</p>