LIVERPOOL & LONDON AND GLOBE INSURANCE CO. LTD. v. HARTLEY & FORD

[1927] VLR 523·CUSSEN, J.
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[1927] VLR 523
1927 VLR 523
LIVERPOOL & LONDON AND GLOBE INSURANCE CO. LTD. v. HARTLEY & FORD Supreme Court of Victoria CUSSEN, J. May 10, 1927. June 1, 1927. August 25, 1927, 09 September 1927 Assignment — Validity — Priority — Written authority to pay — Consideration given — Fund not in existence — Whether valid equitable assignment — Assignment under seal — Whether invalid as equitable assignment, if given without consideration and if no fund then in existence — Written order to pay — Where no consideration given, effect of fund being then in existence.

There is no necessity under the Stamps Act 1915 for an assignment to be stamped, unless it is in the special form of an order, as in Camp v. King ([1887] 14 V.L.R. 22), and possibly also unless it is directed to the persons having control of the money in question in such circumstances as to lead to the conclusion that they hold to the order of the person assigning it.

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[1927] VLR 523

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