Howell Edmunds Jackson

“ But the assignment of his share, or any part thereof, in such profits, will pass such part of the profits as may remain after payment of the firm's debts and settlement of the partnership accounts. The right conferred by the assignment is an intangible thing, and can only be reduced to possession by a demand for account, and no notice of such an assignment need be given other than a demand for an account of such profits. ”

“ But considering the subject-matter of the interest transferred by Schnell to A. A. Burck, and by him to S. B. Burck, and the situation of the parties, the question arises whether want of a definite allegation that Taylor and Babcock had notice of the complainant's interest when they took their assignment from A. A. Burck, can in any way affect or defeat the complainant's rights according to the allegations of the bill. ”

“ No such proposition can be sustained, either upon principlo or authority.
By the transfer of April 14, 1883, from A A. Burck to the complainant, S. B. Burch (Exhibit O) , the latter acquired an undivided one-half interest in the one-sixteenth interest held by the former, and thereby became entitled to one thiry-second part of the profits that might arise upon the completion of the contract, and the sales of the land to be received therefor. ”

“ There are important allegations in the bill, and provisions in some of the contracts, made exhibits thereto and parts thereof, which are admitted by the demurrer, but which are not noticed or considered in the opinion. ”