Brother and Sister's Application for Arrears, etc. 18 [here state rank-e. g., a corporal, or, a private] in Company [letter of company], commanded by [here give name of captain], of the [number] Regiment of [here designate State] volunteers, infantry [or, cavalry, or, artillery], who died in the service of the United States, at on or about the day of leaving neither wife, nor child, nor father; that his father's name was [stating it]. [Or if the father is living, but has abandoned the support of his family, then say, died, etc., leaving neither wife nor child; that his father's name was [naming father], said [name of father] has abandoned the support of his family, and has provided nothing for their support during the last years.] [Conclude as in the preceding form from the t, substituting the word "mother" for "father," at the end, and inserting the words, "nor father," after "child," near the same place.] SWORN [etc., as in Form 265]. and State of 270. Brothers' and Sisters' Application for Arrears of Pay and Bounty.(c) [As in Form 267 to the *, continuing thus:] That he is [or, they are] the brothers [or, sisters, or, brothers and sisters] of A. B., Tate of in the county of who was [here state rank-e. g., a corporal, or, a private] in Company [letter of company], commanded by [here give name of captain], of the [number] Regiment of [here designate the State] volunteers, infantry [or, cavalry, or, artillery], who died, or was killed, in the service of the United States, at on or about the day of 18, leaving neither widow, child, father, mother, nor other brothers or sisters than the above named, and that his father and mother were our father and mother. their lawful attorney, and claim, and to receive and re This application is made to recover all arrears of pay and other allowances due said deceased from the United States, and the bounty provided by the 6th section of the act of Congress, approved July 22, 1861. AND THE APPLICANTS HEREBY APPOINT J. K., of authorize him to present and prosecute this ceipt for any orders or moneys that may be issued or paid in satisfaction thereof. The post-office address of the first-named claimant is as follows: [stating it.] [Signatures of claimants.] ALSO personally appeared before me, M. N. and O. P., of and State of in the county of to me well known as credible persons, who being duly sworn, declare that they have been for years acquainted with the above-named applicants, and with said A. B., deceased, who was a [state rank, as above] in Company [letter], of the [number] Regiment of [designate it, as above], and know said applicants to be the brothers [or otherwise] of said deceased, and believe that he left neither widow, child, father, nor other brothers or sisters than the above named; and that the deponents have no interest whatever in this application. SWORN [etc., as in Form 265]. [Signatures of witnesses.] (c) See preceding note. Analysis of Chapter. CHAPTER IX. ASSIGNMENTS. AN assignment, in the broadest sense in which the term is used in conveyancing, may be any transfer of any property; but in respect to lands and chattels it is generally employed to designate a transfer of some partial or qualified interest only; or it signifies, often, a transfer of a right in action. As between the parties, it is necessary to the validity of an assignment, that the assignor should express his intent to transfer the title to the property; and, in the cases in which a writing is recognized by the Statute of Frauds, that this intention should be expressed in writing. A consideration for the assignment is only necessary in order to sustain it against creditors, or other third parties. The usual technical words of an assignment are "sell, assign, transfer, and set over." But any language which expresses the intent to transfer the property is sufficient. In cases in which, by the Statute of Frauds, a writing is necessary to a valid assignment, the essential parts of the instrument must be reduced to writing before the signature and delivery. If the assignor signs and delivers a blank paper on an agreement, that a third person may write a certain assignment thereon, this will not constitute a valid transfer of an interest which can only be transferred by deed or note in writing-e. g., a lease-although the blank is subsequently filled as agreed. Otherwise, when the interest to be transferred is not one of those which can only be transferred by writing. In general, the assignee of a right in action acquires no better title than his assignor possessed. He holds the demand subject to any equities which might have been enforced against his assignor. Formerly, the assignee was not permitted to sue the demand in his own name, but could only proceed to enforce it in the name of his assignor; but in New York and many other States, he is enabled, by recent statutes, to sue in his own name. PAGE 271. Short form of assignment, suitable to be indorsed on a written instrument.. 116 272. The same; with a power to sue....... 116 273. Assignment of a demand, as collateral security for a note 117 274. Assignment of a demand, as collateral security for an indorsement 117 275. Assignment of an account 117 276. Assignment of a bail-bond.. 118 277. Assignment of a bond, with covenant of amount due, and power to sue.... 278. Another form, with covenants, guaranty, and power to sue... 118 118 279. Assignment of chattels, by reference to former bill of sale 119 280. Assignment of a book to be copyrighted.. 120 281. Assignment of a copyright.... 282. Assignment of a contract for the sale of real property. 288. The same; adapted to a special case.. 284. Consent to the preceding assignment. 285. Assignment of a debt. 286. Assignment of ground-rent.. 287. Assignment of indenture of apprenticeship. 258. Approval of the preceding assignment... 120 120 121 121 122 129 123 123 294. Assignment of a mortgage with the bond or note..... 126 295. Assignment of partnership property, by one partner to another, to close the concern..... 126 296. Assignment of entire interest in a patentable invention.. 128 298. Assignment of letters patent...... 297. Assignment of part interest.. 299. Assignment of policy of insurance.. 300. Approval, to be indorsed on the preceding assignment.. 301. Assignment of recipe for making a medicine... 302. Assignment by a sheriff to his successor in office. 128 129 129 130 130 130 303. Assignment of shares in corporate stock.... 181 804. Assignment of wages due.. 131 805. Assignment of miscellaneous property described in a schedule.. 306. Assignment by a corporation.. 182 122 271. Short Form(a) of Assignment, Suitable to be Indorsed on a Written Instrument. For value received, I hereby assign the within bond [or, contract, or, policy of insurance, etc.] unto Y. Z. [Date.] 272. Another Form, With a Power to Sue. [Signature.] IN CONSIDERATION of the sum of dollars, (b) to me paid, by Y. Z., (c) of , the receipt whereof is hereby acknowledged, I do hereby transfer, assign, and set over to the said Y. Z., his executors, administrators, and assigns, all my right, title, and interest in and to the within bond [or, contract, or, policy of insurance]; and I do hereby constitute the said Y. Z. my attorney, (d) in my name, or otherwise, but at his own cost, to take all (a) This form is only sufficient in cases where a bare transfer of the subject assigned answers the intention of the parties. If any guaranty is intended, or any power of attorney can become necessary to enable the assignee to enforce his right, or any thing beyond a mere transfer of the instrument can in any event become requisite, the appropriate special clause should be added to the above. (b) It is held, in New York, that an assignment of a chose in action is not invalid as between the assignee and the debtor, by reason that it was made without consideration, or that the consideration named has not been paid. Clark v. Downing, 1 E. D. Smith, 406; Richardson v. Mead, 27 Barb., 178. The assignee may maintain his action upon the claim assigned, without necessity of proving a consideration paid. But it is better practice, in drafting, in cases when a consideration actually passed, to state it in the instrument. (c) It is not essential (at least in equity) that the assignee should be designated by his name. An apt description of the person intended may suffice. Thus, where a mortgage was assigned to the "Lady Superior of the C. Nunnery of M.," a bill by F. F. was sustained, on proof that she was such Lady Superior. Lady Superior, etc. v. McNamara, 3 Barb. Ch., 875. (d) The word "irrevocable" is com Collateral Assignments. Assignment of Account. legal measures which may be proper or necessary for the complete recovery and enjoyment of the assigned premises. 273. Assignment of a Demand as Collateral Security for a Note. [After the description of the demand assigned, add:] Upon the condition, however, that if a certain promissory note, for the sum of dollars, bearing date the day of given by the said A. B. to the said Y. Z. [or otherwise describe the note according to the facts], is well and truly paid, according to the terms thereof, then this assignment is to be void. 274. Assignment of a Demand as Collateral Security for an Indorsement. [After the description of the demand assigned, add:] This assignment is hereby made to secure the said Y. Z. against any loss and damage which he may incur or sustain by reason of his, indorsement of a promissory note, made by the said A. B., dated the day of , 18 for the sum of dollars, payable months after date; the payment of which note at maturity, by the said A. B., will render this assignment void, but otherwise to be of full force and virtue. 275. Assignment of an Account. KNOW ALL MEN by these presents, that I, A. B., of in consideration of dollars, lawful money of the United States [to me paid before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged(c)], have sold, assigned, transferred, and set over, and by these presents do sell, assign, transfer, and set over unto Y. Z., of monly inserted in these powers, but is not important in its effect. Upon the one hand, the mere expression, in a power of attorney, that it is irrevocable, does not make it so, nor give it the effect of an assignment. If no interest is conveyed, if nothing but a mere authority, uncoupled with an interest, is granted, he who has conferred the power can revoke it, notwithstanding the word "irrevocable" appears. Napier v. McLeod, 9 Wend., 120. And upon the other hand, a power of attorney to collect, coupled with a beneficial interest in the demand to be collected, is deemed irrevocable, although not in terms so conferred. Raymond v. Squire, 11 Johns., 47. (4) Omit the words in brackets, where the consideration is not intended to be paid at the time of delivery. They would not form an absolute bar to an action for , his the recovery of the agreed price, if not paid at the agreed time; for the rule that an acknowledgment of payment under seal is a good bar without any thing being received (as to which, see Rountree v. Jacob, 2 Taunt., 141), only applies to receipts distinct and independent. A collateral acknowledgment of receipt, in an instrument which has for its main object the conveyance of property, may be explained away for the purpose of recovering the money, though it caunot be for the purpose of avoiding the conveyance. This at least is the rule indicated by the majority of the cases, though there is much conflict of authority on the subject. But the clause in brackets would throw a heavy burden of proof upon the assignor in his action for the price, if unpaid at the delivery, and seriously embarrass his recovery. Bonds. executors, administrators, and assigns, to his and their own proper use and benefit [all my right, title, and interest in and to],* any and all sum or sums of money now due or to grow due upon the annexed account, or upon the sales [or, services, or, loans, or whaterer transactions may be the basis of the account] therein mentioned. And I do hereby give the said Y. Z., his executors, administrators, and assigns, the full power and authority, for his or their own use and benefit, but at his or their own cost, to ask, demand, collect, receive, compound, and give acquittance for the same, or any part thereof, and in my name or otherwise to prosecute and withdraw any suits or proceedings at law or in equity therefor. of In WITNESS WHEREOF, I have hereunto set my hand and seal, this day In presence of [Signature of witness or witnesses.] 276. Assignment of a Bail-bond. [Signature.] [Seal.] KNOW ALL MEN by these presents, that I, A. B., the sheriff within named, do assign and set over to Y. Z, the plaintiff therein named, at his request, the within bail-bond, or obligation, pursuant to the statute in such case made and provided. IN WITNESS, etc. A. B., Sheriff. [Seal.] 277. Assignment of a Bond, With Covenant of Amount Due, and Power to Sue. [As in Form 275 to the *, and then as follows: a certain written bond or obligation, and the condition thereof, bearing date the day of , 18 executed by M. N. to me, the said A B., and all sum and sums of money due or to grow due thereon. And I do hereby covenant with the said Y. Z., his executors, adininistrators, and assigns, that I have good right to assign the said bond, and that there is now due thereon, according to the condition thereof, for principal and interest, the sum of dollars; and I hereby give the said Y. Z., his executors, administrators, and assigns, the full power and authority in my name or otherwise, but at his or their own cost, and for his or their own use and benefit, to ask, demand, sue for, collect, receive, compound, cancel, discharge, and give acquittance for, the same or any part thereo. IN WITNESS, etc. 278. Another Form, With Covenants, Guaranty, and Power to Sue. KNOW ALL MEN by these presents, that whereas M. N., of in and by a certain bond or obligation, bearing date the day of became bound to me, A. B., of in the penal sum of ditioned for the payment of dollars, condollars and interest, at a day since past, as by the said bond and condition thereof may appear. And whereas there now remains due to me, for principal and interest on the said bond, the sum of dollars: |