Same - Partial Assignment

A debtor has a right to pay his debt as a whole, and cannot without his consent be subjected to separate actions by different persons. A creditor, therefore, cannot, at law, assign a part of his claim without the debtor's consent.64 It is generally held, however, that the rule only applies where the assignment is sought to be enforced at law in the name of the assignor, and that in equity a partial assignment is good, for the reason that in equity the assignor, as well as the debtor, may be joined, and the whole controversy may be determined in one suit.65

v. Blake, 7 Metc. (Mass.) 335, 41 Am. Dec. 442; Emery v. Lawrence, 8 Cush. (Mass.) 151; Garland v. Harrington, 51 N. H. 409; Shaffer v. Mining Co., 55 Md. 74; Hawley v. Bristol, 39 Conn. 26; Greene v. Bartholomew, 34 Ind. 235; Metcalf v. Kincaid, 87 Iowa, 443, 54 N. W. 807, 43 Am. St. Rep. 391; Bates v. Lumber Co., 56 Minn. 14, 57 N. W. 218; Galey v. Mellon, 172 Pa. 443, 33 Atl. 560; Rodgers v. Torrent, 111 Mich. 680, 70 N. W. 335. A thing to be assignable, at law, must have at least a potential existence. Thallhimer v. Brinckerhoff, 3 Cow. (N. Y.) 623, 15 Am. Dec. SOS; Moody v. Wright, 13 Metc. (Mass.) 17, 46 Am. Dec. 706; Hassie v. Congregation, 35 Cal. 378; Skipper v. Stokes, 42 Ala. 255, 94 Am. Dec. 646; Needles v. Needles, 7 Ohio St. 432, 70 Am. Dec. 85. A man could not assign money to become due under a policy not yet issued, but, after issuance, he may do so before any loss. Bergson v. Insurance Co., 38 Cal. 541. Future rent under an existing lease. Demarest v. Willard, 8 Cow. (N. Y.) 206. A contract between an insurance company and its agent, by which the latter is entitled to receive commissions on renewal premiums, to accrue annually for a given period in the future, is assignable by the agent, as the contract is not dependent upon any contingency, though the profits arising under it are. Khevals v. Blauvelt, 82 Me. 458, 19 Atl. 818. But equity will uphold an assignment of a thing resting in mere possibility, as of wages to be earned in the future not under an existing contract or employment, if based on a valuable consideration, the assignment taking effect when the thing comes into existence. Field v. Mayor, 6 N. Y. 179, 57 Am. Dec. 435; Edwards v. Peterson, 80 Me. 367, 14 Atl. 936, 6 Am. St. Rep. 207; Patterson v. Caldwell, 124 Pa. 455, 17 Atl. 18, 10 Am. St. Rep. 598. See "Assignments," Dec. Dig. (Key-No.) §§ 18, 19; Cent. Dig. §§ 25-S1.

64 Mandeville v. Welch, 5 Wheat. 277, 5 L. Ed. 87; Carter v. Nichols, 58 Vt. 553, 5 Atl. 197; Getchell v. Maney, 69 Me. 442; Beardsley v. Morgner 73 Mo. 22; Tripp v. Brownell, 12 Cush. (Mass.) at page 382; Gibson v. Cooke, 20 Pick. (Mass.) 15, 32 Am. Dec. 194; Milroy v. Iron Co., 43 Mich. 231, 5 N. W. 287; Grain v. Aldrich, 38 Cal. 514, 99 Am. Dec. 423; Philadelphia's Appeal, 86 Pa. 179; Dean v. St. Paul & D. R., 53 Minn. 504, 55 N. W. 628; Kansas City, M. & B. R. v. Robertson, 109 Ala. 296, 19 South. 432; Skobis v. Ferge, 102 Wis. 122, 78 N. W. 426; Rivers v. A. & C. Wright & Co., 117 Ga. 81, 43 S. E. 499. Where a contract for work provides for payment in installments, each installment is a separate demand, and may be assigned. Adler v. Railroad Co., 92 Mo. 242, 4 S. W. 917. See "Assignments," Dec. Dig. (Key-No.) §§ 80, 58; Cent. Dig. §§ 55-60, 121-123.

65 National Exch. Bank v. McLoon, 73 Me. 498, 40 Am. Rep. 388; Canty v. Latterner, 31 Minn. 239, 17 N. W. 385; First Nat. Bank of Wellsburg v. Kim-berlands, 16 W. Va. 555; Field v. City of New York, 6 N. Y. 179, 57 Am. Dec