COMMON LAW 239
Judgement of Plumer M. R. S. & C. p. 55
The rule was based on carelessness and negligence to perfect one’s claim. But the rule is now absolute and independent of conduct. The assignee who gives proper notice first will be paid first, whether the other assignee has been guilty of carelessness nor not.
Re Dallas. (1904). 2 Ch. 385.
The rule in Dearie vs. Hall has always applied to assignment of all equitable interests in personality.
To whom notice should be given under the rule in Dearle vs. Hall
- It must be given to the debtor, trustee or other person whose duty it is to pay the money to the assignor.
Stephens vs. Green, (1895) 2 Ch. 148
- Notice to the Solicitor will be effectual only if Solicitor was expressly or impliedly authorized to receive it.
(1880) 14 Ch. D. 406.
If there are several debtors or trustees, notice to one is notice to all.
Fresh notice to new trustees is not necessary, if notice is given to old trustees.
What should be the form of Notice
Formerly, notice need not be a formal notice and might have been by word of mouth.
But since 1925, it must be in writing.
What title is acquired by the assignee by an Equitable assignment.
It has always been the rule of equity that the assignee of a thing in action cannot acquire a better right than the assignor had.
In other words, the assignee takes it subject to all the equities affecting it in the hands of the assignor.