"The fact that there was no fund then in existence, or any claim which could then be enforced by action, did not prevent the instrument taking effect as an equitable assignment." ( Jones v. The statutory prohibition against the assignment of a cause of action for personal injuries is the outgrowth or the survival of the laws against maintenance. Thomas Mc Manus suffered personal injuries due to the negligence of the defendant National Transportation Co., Inc. Necessary treatment was given to him, and in due time he was discharged.
"The fact that there was no fund then in existence, or any claim which could then be enforced by action, did not prevent the instrument taking effect as an equitable assignment." ( Jones v.Tags: Psychology Nature Nurture EssayMass Communication ThesisEssay Of Speech On HealthCreative Writing Seminars NycMarketing Pr Intern Cover LetterResponsible Leadership EssayThe Necklace Critical Thinking QuestionsFamous Dissertation QuotesHow To Start An Autobiography EssayElizabethan Essays Patrick Collinson
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.
This paper was promptly served upon the tort feasor and also upon a subsidiary corporate agent of the tort feasor authorized to make adjustments of accident claims against its principal.
Subsequent to the receipt of a copy of the said assignment, and a further proper written notice from the plaintiff, the tort feasor through its said agent settled with the said Mc Manus direct (ignoring the assignment and purported lien of this plaintiff) by paying to him a sum in excess of 1.75.
An interesting commentary on the attorney's lien and its enforcement reads: "The lien, as thus established, is not strictly like any other lien known to the law, because it may exist although the attorney has not and cannot, in any proper sense, have possession of the judgment recovered.
They contribute to the result or product — the verdict and the judgment representing, to a great extent, the fruit of the lawyer's labors.