Commentary

22 Priority of assignees determined by date of notice

CHOSES IN ACTION vol 7
| Commentary

22 Priority of assignees determined by date of notice

| Commentary

22 Priority of assignees determined by date of notice

Under the rule in Dearle v Hall1 as explained more fully below2, an assignee will be postponed to a subsequent assignee without notice of the prior assignment if the subsequent assignee gives notice to the debtor or other fund holder before the prior assignee gives notice. At common law, it has been said that priorities in the case of assignees of an English trust fund where the trustees are resident in England are governed by English law, and the fact that notice is not required in the country

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