« ForrigeFortsett »
hold the said, &c., unto the said C. D., his executors, (Legacy.) administrators, and assigns. (In trust, &c.) [Add covenants that A. B. will not receive the said legacy or sum of money, and for further assurance. See p. 265.]
In witness, &c.
An Assignment of a Deed of Covenant. (Covenant.) This indenture, made, &c., between A. B., of, &c., Parties. of the one part, and C. D., of, &c., of the other part. Whereas by an indenture, dated, &c., and made be- Recitals. tween, &c., the said C. D. covenanted, promised, and agreed with and to the said A. B., his, &c., that, &c. And whereas [recite the occasion of the assignment, and that upon such occasion] it was agreed that the benefit of the said in part recited indenture should be assigned to the said C. D. Now, this indenture Operative witnesseth, that, in pursuance of the said agreement, part. and of 5s., &c., he, the said A. B., hath assigned, transferred, and set over, and, &c., doth, &c., all that the hereinbefore in part recited indenture, and all the right, title, and interest of him, the said A. B., in and to the same, and all benefit and advantage to be derived therefrom, or from all or any of the covenants, provisos, clauses, and agreements therein contained. To have and to hold the said in part recited inden- Habendum. ture and other the premises hereby assigned, or intended so to be, unto the said C. D., his executors, administrators, and assigns, to and for his or their own use and benefit. [Add covenants from A. B., Covenants. his heirs, &c., with C. D., his executors, &c., that notwithstanding, &c., the said indenture hereby assigned, or intended so to be, now is and stands in full force and virtue, and that he will not do any act, &c. “whereby the said indenture, or anything therein contained, may or can be released, discharged, or otherwise prejudicially affected, or whereby the said C. D., his executors, administrators, or assigns, may be prevented from or impeded in receiving all
or any benefit and advantage thereof." And for further assurance, &c. See p. 265.] In witness, &c.
of the one part, and C. D., of, &c., of the other part, Contract for [recite the policy : see p. 23.] And whereas the said purchase.
A. B. hath contracted and agreed with the said C. D. for the absolute purchase of all his right and interest
in the said policy of insurance, at or for the price or Assignment sum of L.
Now, this indenture witnesseth, of the policy. that for carrying the said recited contract or agree.
ment into effect, and in consideration of, &c., the receipt, &c., he, the said A. B., hath bargained, sold, assigned, transferred, and set over, and by these presents doth, &c., unto the said C. D., his executors, administrators, and assigns, all that the said policy of insurance so effected by him, the said A. B., upon the life of the said E. F., in the
Life Insurance Office, as aforesaid, and also the said sum of L.1700 assured thereby, and all other moneys, benefit, and advantage, to be had, received, or obtained, under or by virtue of the said policy, together with full power and authority to ask, demand, sue for, recover, and receive, and give effectual acquittances, releases, and discharges for the said sum of L.1700, and all the right, title, interest, possibility, property, claim, and demand whatsoever, both at law and in equity, of him, the said A. B., in, to, out of, or upon the said policy, money, and premises hereby assigned, or intended so to be, and every part there. of respectively. To have, hold, receive, take, and enjoy the said policy, money, and all and singular other the premises hereby assigned, or intended so to be, unto the said C. D., his executors, administrators, and assigns, for his and their absolute benefit, in as full, ample, and beneficial a manner, as he, the said C. D., his executors or administrators,
that he has not incum.
might or could have enjoyed the same, if these pre- (Insurance.) sents had not been made. [Add a covenant here by Covenants A. B., that he has done no act whereby the said policy of insurance are, is, can, shall, or may be charg- bered, and ed or incumbered in any way howsoever ; and that for further while the said sum of L.1700 continues to be insur. assurance. ed as aforesaid, will do and execute all further acts for the better assigning and assuring the said policy money and premises. See p. 265.]
In witness, &c.
An Assignment of a Policy of Insurance against
Where. Parties. as by a certain deed-poll, or policy of insurance, numbered bearing date, &c., under the hands Recital. and seals of three of the directors of the Guardian Insurance Office for insuring buildings from fire, a certain brick dwelling-house, and other the premises therein described, situated on the north side of, &C., in the county of, &c., in the occupation of, &c., are insured from loss by fire, from and after the day of
then next, for and during the term of seven years from the
thence next ensuing ; and whereas the said A. B. hath agreed with the said C. D. to assign to him the said policy of insurance, and all benefit therefrom, at or for the sum of L.
Now, this indenture witnesseth, Operative that for and in consideration of the sum of L. part.
a The policy may be recited thus, (if intended to follow in an assignment of a lease in a second witnessing part after the covenants in the assignment:) “ And whereas the said messuages, &c., are or have been insured against damage by fire for the term of seven years from the, &c., now last past, in and by a certain deed-poll or policy of insurance hereinafter more particularly described, dated, &c., at the Guardian Insurance Office in London, and it has been agreed by and between the said parties, that the said policy of insurance, and all benefit therefrom, should be assigned to the said C. D.” The policy is then assigned, with a short power of attorney.
(Insurance.) to the said A. B. in hand paid by the said C. D.,
at, &c., the receipt whereof is hereby acknowledged, he, the said A. B., hath bargained, sold, assigned, transferred, and set over, and by these presents doth bargain, sell, assign, transfer, and set over unto the said C. D., his executors, administrators, and assigns, the said recited deed-poll, or policy of insurance, and all and every the sum and sums of money that shall or may become due and payable thereon, or by virtue thereof, and all benefit and advantage which shall or may accrue in respect of the same, and all the right, title,
and interest of him, the said A. B., in and to the same Power of at- respectively. And the said A. B. doth hereby autorney to re
thorize, nominate, constitute, and appoint the said C. D., his executors, administrators, and assigns, in his or their own name or names, and for his and their own proper use, or in the name of the said A. B., his executors or administrators, but to and for the use of the said C. D., his executors, administrators, and assigns, to receive from the trustees or directors for the time being of the said insurance-office, all such sum and sums of moneys as shall or may become due and payable on the said recited policy; and upon non-payment thereof, or of any part thereof, to sue for, recover, and receive the same, and to give receipts or other discharges for the same. And all and whatever the said A. B., his executors, administrators, or assigns, shall lawfully do, or cause to be done, in and about the premises aforesaid, the said A. B. doth by these presents confirin and allow as fully and effectually as if he himself were personally present, and did the same. [Covenants that A. B. has done no act to incumber; and for further assurance.]
In witness, &c.
Observations on Assignments of Choses in Action.
A chose in action may be defined to be any chattel or personal estate, as a term of years, a debt, money in the funds, or a piece of furuiture, and, when
such chattel is not in the possession of the person (Observaentitled thereto, and can, therefore, only be recovered tions.) by action or suit in a court of justice, it is called a chose in action.
This definition may, perhaps, be objected to as too limited, as some text writers include these rights to land, which are of a higher nature than chattelinterests, amongst choses in action ; but as it will be found that the term is generally used in its more accurate and confined sense, it will prevent confusion to adopt it here.
Rent, after it becomes due, is severed from the reversion, and a mere chose in action.
Though choses in action are not assignable at law, yet a transfer of them is in practice constantly effected, and courts of equity will enforce such transfer, if they do not savour of maintenance or champerty, even against creditors, in case of bankruptcy, if made upon good consideration, but not otherwise. No particular form of assignment is required, a covenant being quite sufficient, nor is it necessary that the assignment should be by deed or even in writing, i though in practice one or the other is usually adopted. When made by deed, assignments of choses in action are liable to the same stamp duties as deeds affecting real property.
• Flight v. Bentley, 7 Sim. 151.
Crouch v, Martin, 2 Vern. 595; Wright v. Wright, 1
Brown v. Heathcote, 1 Atk. 160 ; Row v. Dawson, 1 Vez. 332; Douglas v. Russel, 4 Sim. 524.
3 Colman v. Sarrel, 1 Ves. 50; Edwards v. Jones, 7 Sim. 325, and I M. and Cr. 226.
Row v. Dawson, 1 Vez. 332 ; Whitfield v. Faussett, 1 Vez. 387.
i Townshend v. Windham, 2 Vez. 6. i Howell v. MacIver, 4 T. R. 329; Heath v. Hall, 4 l'aunt. 326.