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Equitable Assignment

Legal Definition and Related Resources of Equitable Assignment

Meaning of Equitable Assignment

An assignment which, though invalid at law, will be recognized and enforced in equity . It is such an assignment as gives the assignee a title which, though not cognizable at law, will be recognized and protected in equity and it is in the nature of a trust based on principles of natural justice and essential fairness, without regard to form. If the court can find that the assignor has intended to transfer a present interest in the debt or fund, and pursuant to such intention has made an absolute appropriation of the thing assigned, relinquishing all control or power of revocation over it to the use of the assignee, then there is an equitable assignment. See Melnick v Pennsylvania Co. for Bankingand Trusts, 119 A.2d825, 180 Pa. Super 441. Also, Robert Wise Plumbing & Heating Inc. v Alpine development Co., 432 P.2d 547, 72 Wash.2d 172.

Equitable Assignment Alternative Definition

An assignment giving to the assignee a right enforceable only in equity. The term is now commonly applied to constructive assignments, though such are now generally enforceable at law. In this sense it is “such an appropriation of the subject-matter as to confer a complete and present right on the person intended to be provided for, even where the circumstances do not admit of its present exercise.” 14 Wall. (U. S.) 69. An order on a particular fund (120 U. S. 511; 78 Iowa, 426; 3 Me. 436), or an order by a creditor to pay the debt to a third person (7 Cal. 258; 18 Mass. 461; 18 Mont. 335), are examples of such assignments.

Related Entries of Equitable Assignment in the Encyclopedia of Law Project

Browse or run a search for Equitable Assignment in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Equitable Assignment in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Equitable Assignment in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

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Charge, Chose In Action.


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Related topics Equitable Assignment in the World Encyclopedia of Law


This definition of Equitable Assignment is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Equitable Assignment


See Also

  • See assignment.

Meaning of Equitable Assignment


See Also

  • Assignments
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