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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.
The defendant Thomas Mc Manus was never served and has not appeared.
The plaintiff and the corporate defendants have each moved for summary judgment.
73.) "The agreement for their services in prosecuting the action for false imprisonment to be compensated by the security of the verdict, when obtained, although not effective to transfer the cause of action, attached as an equitable claim to the verdict, and the assignment transferred the title to them." ( Zogbaum v.
365.) "The assignment of the verdict and judgment to be recovered in a pending action for tort has been supported as not an assignment of a mere right of action, but of property to come into existence in the future." (Italics mine.) (5 C. Were the cause of action to recover for property damage, would we write the same distinction into the law?
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.
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.
The assignee has no right to insist on the action being carried on; in fact, the result of a compromise is actually included as a subject of the assignment." (At p.
* * * Such an assignment does not give the assignee any right to interfere in the proceedings in the action.