Evidence – Generally

An assignment generally requires the elements of a valid contract, including intent.  The creation and existence of an assignment is determined in accordance with the intention of the parties.  The intention of the parties is inferred from the instruments and the circumstances of the case.  Therefore, whether an assignment occurred is a question of fact for the trial court.[i]

Any order, writing, or act, if communicated to the holder of the fund, directing his or her debtor to transfer to a named person any portion or all of the particular funds in his or her possession, operates as an equitable assignment of the designated fund.  In a case where all evidence is documentary, questions concerning construction and effect of an assignment are for the court since the construction of an ambiguous instrument is a question of law.  Therefore, the effect of an assignment is a question of law for the court.[ii]

[i] Gold’n Plump Poultry, Inc. v. Simmons Engineering Co., 805 F.2d 1312 (8th Cir. 1986)

[ii] In re Ashford, 73 B.R. 37 (Bankr. N.D. Tex. 1987)


Inside Evidence – Generally