1. An intention may be manifested that the assignee shall enforce the entire claim against the debtor and, having done so, shall retain part for himself and turn over the remainder to the assignor.
2. It may be contemplated that the assignor shall collect the whole claim from the debtor, and shall turn over a portion of what he collects to the so-called assignee.
field, 63 Iowa, 275, 19 N. W. 226; Rullman v. Rullman, 81 Kans. 521, 106 Pac. 62; State ex rel. Adjustment Co. v. Superior Court, 67 Wash. 35G, 121 Pac. 847; Hankwits v. Barrett, 143 Wis. 639,128 N. W. 430.
68 Morgan v. Malleson, L. R. 10 Eq. 475.
69 Milroy v. Lord, 4 De Gex F. 4 J. 264; Bridge v. Bridge, 16 Beav. 315, 326, 327; Trimmer v. Danby, 25 L. J. Ch. 424; Conner v. Trawrick, 37 Ala. 289, 79 Am. Deo. 58; Peters v. Fort Madison Co., 72 Iowa, 405, 34 N. W. 190; Young p. Young, 80 N. Y. 422, 36 Am. Rep. 634; Re Crawford, 113 N. Y. 560, 21 N. E. 802, 5 L. R. A. 71;
Flanders v. Blandy, 45 Oh. St. 108, 12 N. E. 321.
70 Henderson Nat. Bank v. Lagow, 3 Ky. L. Rep. 173; Shaford v. Detroit Sav. Bank, 125 Mich. 431, 84 N. W. 624; Bradley v. Thorne, 67 Minn. 281, 69 M. W. 909; Manufacturers' Commercial Co. p. Rochester R. Co., 117 N. Y. 8. 989.
71Infra, Sec. 1146.
72 Williston, Sales, Sec. 620.
If the transaction is of the first sort, there is in effect a total assignment, so far as the collection of the claim is concerned. The assignee is dominus of the whole claim and becomes trustee of a portion of the proceeds after collection.74 What has been said already in regard to assignments of an entire claim is applicable to such cases, except that if all persons interested are parties to a suit to collect the claim, the assignee's recovery will be limited to the amount which he is equitably entitled to keep.75
Cases of the second type are not properly called assignments. How far a contract of the so-called assignor to pay out of the claim when collected gives an equitable lien on the fund, has been previously considered.76 It is cases of the third kind which are generally referred to as partial assignments, and in this book, unless special indication is made to the contrary, the words partial assignment are used to denote a case of this sort.
It should be observed that an assignment of a divisible portion of performance separately due under a contract is not to be regarded as a partial but as a total assignment, though other sums are also due or to become due under the contract.77