Assignment Of Cause Of Action
587.) The theory of the distinction seems to be that an assignment of the proceeds or the judgment is not an assignment of an existing cause of action, but is an assignment of future property. They therefore purport to assign property defined by the source from which it comes as and when it becomes property." (See p. 484.) In considering the old inhibition against the assignment of a cause of action for personal injury, the court states: "What I find is that there are words which do clearly assign whatever sum of money comes as the fruit of the action.
The client still remains the lawful owner of the cause of action and is not bound to continue the litigation for the benefit of his attorneys when he judges it prudent to stop, provided he is willing and able to satisfy his attorney's just claims. It was a device invented by the courts for the protection of attorneys against the knavery of their clients by disabling clients from receiving the fruits of the recoveries without paying for the valuable services by which the recoveries were obtained. If the fund recovered was in possession or under the control of the court, it would not allow the client to obtain it until he had paid his attorney, and in administering the fund it would see that the attorney was protected. It is a peculiar lien, to be enforced by peculiar methods. Consequently our statutes are all that remain of the outworn maintenance and champerty. This could not be assigned, either at common law or by the provisions of the Revised Statutes or Code. In the present condition of society we need not fear the same perversion of justice. "In the present case, the cause of action was an assault and battery upon the plaintiff by the defendant. It is tantamount to saying that I can transfer the substance but must retain the shell; that I can give you the right to the recovery, but I must hold the right to recover. 75.) To rule that I cannot assign the cause of action, but that I can transfer 100 per cent of its proceeds sounds anomalous. of the Personal Property Law expressly prohibits the assignment of a cause of action for personal injuries. However, repeated precedents of many years' standing tell us this is the law. For the hospital is a stranger to the cause of action, and to the legal proceedings for its enforcement or compromise. Nor can the hospital claim any rights by reason of subrogation. Besides, the services of a hospital are purely voluntary, though they may be most valuable.