The turning over of the account by Garney to Rollins, accompanied with authority to collect it and apply the avails to the payment of Rollins' judgment against Garney, was a sufficient assignment of the account. Brewer v. Franklin Mills,
Rollins is not estopped from setting up the assignment by his omission to state in his writ that he was the plaintiff in interest. *Page 237 Such a statement could have no possible effect except to give notice of the assignment to Davis. Notice given to him in any other way would be equally effective. Nobody else was entitled to notice or could be prejudiced by the want of it.
Marsh's attachment of the credits due Garney from Davis was a lien only upon Garney's interest in those credits. In the absence of fraud, Garney's previous assignment of the claim takes precedence of the attachment, although no notice of the assignment was given to Davis. Pollard v. Pollard,
Trustee discharged.
BLODGETT, J., did not sit: the others concurred.