Grippen v. Benham

Citations

• 5 Wash. 589
• 32 P. 555
• 1893 Wash. LEXIS 29

Syllabus

<p>ASSIGNMENT — INTEREST OF JOINT CREDITOR — STATUTE OF FRAUDS — ESTOPPEL.</p> <p>A joint creditor may assign bis undivided interest in an entire contract for the payment of money unless objection is made by the debtor; but the assignment by all the joint creditors of their interests to one party is not subject to the consent or objection of the debtor.</p> <p>Where a contract assigning a claim upon a debtor has been executed, and ratified by the assignee, the statute of frauds requiring such contract to be in writing does not apply.</p> <p>In an action by plaintiff to recover upon a promissory note defendant alleged that she had assigned the amount due upon a contract for the purchase of land to the plaintiff in satisfaction of the note. Plaintiff replied that in a suit by defendant against the purchaser to recover the amount due, defendant had alleged that she was the owner of the contract, and had, with her co-contractors therein, recovered judgment on the contract. Held, That defendant was not estopped from showing how she became a party to the former suit, and that the suit was really brought in the interest and at the instigation of the plaintiff.</p>