67 Wis. 473 | Wis. | 1886
Exception is taken because the court charged the jury, in effect, that if the plaintiff was employed as scaler by the Babcocks, or by them and the Com-
The particular objection to this portion of the charge is that this section does not expressly authorize the assignment of a part of a claim, leaving the assignor to enforce a lien for the balance. It is, moreover, maintained that a part of an entire claim was not assignable at common law without the consent of the debtor, and such is the import of the authorities cited. But here the evidence is undisputed that the assignment to the plaintiff by Schultus of a part of his claim, was made with the express sanction and agreement of the debtors,— the Babcocks, — who, as we have seen, were authorized by statute to incumber the logs for labor upon them, even as against the Oomstoeles. This being so, we think the portion of the charge quoted was substantially correct. The objection to an assignment of a part of an entire claim is to save parties from a double controversy and perhaps double litigation; but of course the ground of the objection fails when, as here, the assignment is with the
By the Gourt.— The judgment of the circuit court is affirmed.