75 N.J. Eq. 405 | New York Court of Chancery | 1909
The assignment of the first $2,100 of the revenues to be received under the contract was an assignment of money to be earned in the future by the assignor. This court has repeatedly recognized and enforced equitable assignments of this nature. In Bank of Harlem v. Bayonne, 48 N. J. Ecq. (3 Dick.) 246, 252, it is said: “While, properly speaking, an assignment cannot be made of a subject which does not exist, such as a fund to become due on the future performance of a subsisting contract, yet equit3r, on the possible debt ripening into an enforceable specific money liability, treats the agreement as an assignment pro tanlo of the fund, and, by force thereof, vests the equitable title to the money in the assignee. * * * On notice being given to the debtor, and the sums being earned under the contract, the debtor becomes trustee or gucm-trustee for the assignee as to the amount assigned, subject to existing equities and valid prior charges thereon. * * * From this it follows that neither .payments to nor a release or discharge by the assignor, after notice of the assignment, can affect the rights of the assignee against the debtor.”
As notice of the assignment had been given to the beneficial association not only prior to the time the money in question was applied to the payment of wages, but also prior to the time that the beneficial association obligated itself to pay the wages, the controlling question in this case is whether under the contract
It is also urged that defendant beneficial association was without power to make the contract. I think the contract was within its powers and was made by its authority.
Complainant is entitled to a decree directing defendant to pay to him $348.30 now under its control, and also to pay to complainant, in addition thereto, $1,516.57 as the amount wrongfully applied.