HERZOG V. IRACE Me. Sup. Ct., 594 A.2d 1106 (1991) CASE BRIEF

HERZOG V. IRACE

Me. Sup. Ct., 594 A.2d 1106 (1991).

NATURE OF THE CASE: Irace (D) appealed a judgment in Herzog's (P) favor in action to enforce an assignment, by Ds' client to P, of the right to proceeds from litigation.

FACTS: Jones hired Irace (D) and Lowry (D1) to represent him in a personal injury action. Jones' injuries required surgery. Herzog (P) performed the needed surgery after Jones signed a letter stating that payment in settlement for the injury be made directly to P. P notified D and D1 of the assignment in 1988. Jones received $20,000 for his claim. Jones then instructed D and D1 to pay the money to him rather than to P. D and D1 followed Jones' instructions and Jones failed to pay P. P sued D and D1 for breach of an assignment. The trial court ruled in favor of P. The appellate court affirmed. D and D1 appealed to the state supreme court.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner


No comments:

Post a Comment