55 Neb. 337 | Neb. | 1898
On January 29,1892, the Metropolitan Street-Lighting Company, hereafter called the lighting company, entered
It may be conceded that, while a contract right to render personal services cannot be assigned without the consent of the person to whom the services are due, the right to receive pay for such services when rendered stands upon a different ground and is assignable in the absence of a statute or stipulation in the contract forbidding it. The authorities, we believe, are in entire accord upon this proposition. (Clark, Contracts 531; 3 Pomeroy, Equity Jurisprudence [1st ed.] sec. 1280; 2 Am. & Eng. Ency. Law [2d ed.] 1027; Ryan v. Douglas County, 47 Neb. 9; Perkins v. Butler County, 44 Neb. 110.) And the validity of such an assignment, it seems, does not at all depend upon the money being presently due and payable. If the fund has a potential existence — that is, if it will become due in the future under the terms of a contract already made — the assignment vests an
Our conclusion is that the attempted assignment to the plaintiff vested in it no right of action against the city. The judgment is, therefore,
Reversed.