Jermyn v. Moffitt

• Decision Date: 11 May 1874
• Citation: 75 Pa. 399
• Parties: Jermyn <I>versus</I> Moffitt.
• Court: Pennsylvania Supreme Court

75 Pa. 399

Jermyn versus Moffitt.

Supreme Court of Pennsylvania.

March 10, 1874.

May 11, 1874.

March 10th 1874.

Before AGNEW, C. J. SHARSWOOD, MERCUR and GORDON, JJ. WILLIAMS, J., at Nisi Prius

Error to the Mayor's Court of the city of Carbondale: No. 150, to July Term 1873 P. C. Gritman (with whom was A. Hand), for plaintiff in error.—A bill or order drawn upon a part of a fund only, will not be considered an assignment unless the drawer has assented to it: Mandeville v. Welch, 5 Wheat. 285; Walker v. Russell, 17 Pick. 188; Fairgreaves v. Lehigh Navigation Co., 2 Phila. Rep. 182; Skipper v. Stokes, 42 Ala. 255.

There was no appearance or paper-book for the defendant in error.

The opinion of the court was delivered, May 11th 1874, by MERCUR, J.

The first assignment of error is to the answer of the court on an abstract proposition submitted by the plaintiff in error. In view of the broad and general terms in which the point was presented, we see no error in the answer. In some cases a valid assignment may be made of moneys thereafter to be made, or of grain thereafter to be grown: Grantham v. Hawley, Hobart 132; Petch v. Tutin, 15 M. & W. 109; or of the future earnings of a railroad: Bittenbender v. S. & E. Railroad Co., 4 Wright 270. If counsel desire an answer applicable to the evidence in the case being tried, they should so indicate it in their point submitted.

The second assignment involves the sufficiency of the transfer to give a right of action to Moffitt against Jermyn. Leslie assigned to Moffitt "five dollars a month of my earnings in the employment of the Delaware & Hudson Canal Co., or with whomsoever I may be employed, until the amount due said Moffitt is paid." Jermyn's name is not mentioned in the assignment. It does not appear, that, at the date thereof, Leslie was in his employ, or that any business relations then existed between them.

The court charged substantially, if Moffitt did, within a few months after the assignment was made, hand a copy of it to Jermyn, and Leslie continued in his employment thereafter, then Jermyn became responsible to Moffitt at the rate of five dollars a month out of wages so earned by Leslie, until the amount due from the latter to Moffitt was paid. The answer wholly excludes from the jury all question in regard to any acceptance by Jermyn, and any express or implied agreement of his, to pay. The court assumes as matter of law, that if Moffitt merely handed a copy of the assignment to Jermyn, and Leslie thereafter continued in his...