Also known as: assignment · assignments · assign · assigns · assigned · assigning · full assignment · partial assignment · assignment of rights · contract assignment
Written by attorneys — see sources below.
A transfer by which the holder of a right manifests an intention to pass that right to another person without further action by the holder. The manifestation may occur orally or in writing and may be directed to the obligor or a third party.
Private parties litigate a state-law contract dispute in federal district court. Congress enacts a statute routing all such claims to non-Article III bankruptcy judges for final decision. The district court dismisses the case, holding that wholesale assignment of traditional Article III matters to Article I tribunals violates separation of powers.
Andre Antoine holds a right to payment from Apollo Energy under a supply contract. Andre tells Apollo's accounts-payable manager that he now wants all future payments sent to Ariana Azizi. Apollo begins remitting funds to Ariana, confirming that the oral manifestation alone effected the transfer.
Alice Atkins leases commercial space to Avalon Pharmaceuticals and later sells the building to Azure Solutions. The lease contains an express promise that the landlord will maintain the HVAC system. Alice does not assign that promise to Azure. Alice remains entitled to enforce the HVAC covenant after the sale.
A court in a dissolution proceeding lacks personal jurisdiction over one spouse. The court nevertheless assigns each spouse's separate property to that spouse and divides the community property in just proportions after considering statutory factors.
Albert Allen transfers his leasehold interest to Amelia Amari and expressly assigns the landlord's covenant to repair the roof. The covenant touches and concerns the leased property. Amelia may enforce the repair obligation directly against the landlord.
A state statute permits creditors to obtain a writ of replevin and seize a debtor's goods without prior notice or hearing. The debtor challenges the seizure as unconstitutional. The Court holds that due process requires notice and an opportunity to be heard before any significant deprivation occurs.
Margarita Fuentes, a Florida resident, purchased a gas stove and a stereophonic phonograph from the Firestone Tire and Rubber Company under conditional sales contracts calling for monthly payments over time, with Firestone retaining title until full payment. After making payments for more than a year, about two hundred dollars remained due. A dispute developed between Fuentes and Firestone over servicing of the stove. Firestone then instituted an action in small claims court for repossession. It obtained a writ of replevin from the court clerk by submitting form documents and posting a bond in double the value of the property. A deputy sheriff and Firestone agent seized the stove and stereo from Fuentes's home the same day. Fuentes subsequently brought an action in federal district court challenging the constitutionality of the Florida prejudgment replevin procedures. A three-judge district court was convened and upheld the statute. In the consolidated Pennsylvania case, several residents purchased household goods such as beds, tables, and other items under similar installment contracts. After claimed defaults, sellers obtained writs of replevin from a prothonotary upon ex parte applications and posting of bonds. County sheriffs seized the goods from the buyers' homes without prior notice. This included one instance where a former deputy sheriff obtained a writ for his son's clothes, furniture, and toys. The Pennsylvania appellants filed suit in federal district court, where a three-judge court upheld the statute. The Supreme Court noted probable jurisdiction of the appeals from both district court decisions.
View caseThe obligee must manifest an intention to transfer the right to another person without needing further action by the obligee. The manifestation may be oral or written and may be made to the obligor or a third party.
The transferor retains the benefit of any express promissory obligation that was not assigned and does not run with the transferred interest.
The transferee receives the benefit only to the extent the transferor assigns it or the benefit runs with the transferred interest.
…Bros. , the Court upheld a Georgia statute that allowed a creditor to attach the property of a debtor who had executed a wage assignment. The statute in that case, however, provided for an immediate hearing after the attachment. The statutes in this case provide for no such hearing. We think that the statutes in this case…