Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
all property and choses in action are assignable, except personal
contracts; and in ordinary business many of them are assumed to
be negotiable, such as bills of lading, warehouse receipts, trust
receipts, or certificates of stock. Most brokers, or even bankers,
assume that when they have a stock certificate duly endorsed to
them by the owner mentioned on its face they have an absolute and
unimpeachable title to the stock therein represented. Such, of course,
is not the case except for recent statutes in a few States. To take a
familiar example, and I can think of none better to show exactly the
difference between a personal contract non-assignable, a document
which is assignable, and one which is negotiable--a Harvard-Yale
foot-ball ticket. If the ticket is issued by the management to a
person under his name, with a condition that it shall be used by no
one else, it is a contract non-assignable. If it is issued to him in
the same manner, but with no provision against assignment or the use
by another person, it would entitle such other person to whom the
ticket was given to use the seat, but only under the title of the
original holder; and if the assignment was later forbidden, or for
other reasons the right recalled by the management, the holder would
have no greater title to the seat; the contract is _assignable_, but
not negotiable. The assignee takes it merely as standing in the place
of the original holder and subject to all the equities between him and
the management. If, for instance, the ticket were given him by fraud,
the right to use it might be revoked and the transferee would have
no greater right than the original holder. But if the ticket were
_negotiable_, like a bank-note payable to bearer, the holder, not
actually himself the thief, would have an absolute title to the
seat without regard to anything that happened prior to his getting
possession of the ticket.
Public-domain text, read in full here on John Shaqi.
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