Assignment

Definition and stakes

1911 Encyclopedia Britannica (1911)

“ To assign is to make over, and the term is generally used to express a transference by writing, in contradistinction to a transference by actual delivery. In England the usual expression is assignment, in Scotland it is assignation. The person making over is called the assignor or cedent ”
Source: Wikisource

by John Marshall Harlan,  White v. Cotzhausen — Opinion of the Court

“ But can he, having the intention to quit business and surrender his entire estate to creditors, be permitted to defeat any such result by simply omitting to make a formal assignment, and by including the whole of his property in conveyances, bills of sale, and transfers to the particular creditors whom he desires to prefer? Shall a failing debtor be allowed to employ indirect means to accomplish that which the law prohibits to be done directly? ”
Source: Wikisource

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