52 Minn. 280 | Minn. | 1893
The plaintiff is an attorney at law. Prior to August, 1890, he rendered professional services for a corporation, the Lemm, Fawcett & Johnson Manufacturing Company, for which that company became indebted to him. The company presented to him for collection
From the foregoing statement of the case it will be seen that the-right of the plaintiff to recover damages depends upon the proposition that the sale and assignment of the Peterson claim to Ford constituted, as to the plaintiff, a conversion. But this proposition cannot be maintained. The claim against Peterson — his indebtedness to the corporation — was not the property of the plaintiff. He only had a lien upon it, which was not divested nor impaired by the transfer of the cause of action to Ford, who took the same subject to-the plaintiff’s lien, of which he had knowledge. If the property had been a tangible chattel, on which the plaintiff had a lien, as by chattel mortgage, instead of being a chose in action, it would hardly have-been claimed that the sale of the chattel, subject to the lien, to a
Such being our conclusion upon this point, the other questions presented in the case are immaterial.
Order and judgment affirmed.
(Opinion published 53 N. W. Rep. 1157.)