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:
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