An actor, was engaged by Moss Empires under a contract which prohibited the assignment of his salary. He assigned 10 per cent of the salary to his agent, Tom Shaw. Tom Shaw sued Moss Empires for 10 per cent of the salary joining the actor as second defendant. Moss Empires agreed to pay the 10 per cent of the salary to Tom Shaw or B. as the court might decide i.e. in effect it interpleaded.
Held: The prohibition on assignment was ineffective: it could ‘no more operate to invalidate the assignment than it could interfere with the laws of gravitation.’ The plaintiffs succeeded against both the actor and Moss Empires, ordering the actor to pay the costs but making no order for costs against Moss Empires.
Judges:
Darling J
Citations:
(1908) 25 TLR 190
Jurisdiction:
England and Wales
Cited by:
Cited – Barbados Trust Company Ltd v Bank of Zambia and Another CA 27-Feb-2007
The creditor had assigned the debt, but without first giving the debtor defendant the necessary notice. A challenge was made to the ability of the assignee to bring the action, saying that the deed of trust appointed to circumvent the reluctance of . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 01 May 2022; Ref: scu.249320
