ASSIGN; ASSIGNMENT

MINNESOTA ASSIGNMENT LAW
ASSIGN
1. assign,n. (usu. pl.) See ASSIGNEE. assign,vb. 1. To convey; to transfer rights or property <the bank assigned the note to a thrift institution>. 2. To assert; to point out <the appellant assigned as errors two of the trial court's rulings>. See ASSIGNMENT OF ERROR . Black's Law Dictionary (8th ed. 2004) , Page 363
  1. ASSIGNMENT OF ERROR
    1. assignment of error. A specification of the trial court's alleged errors on which the appellant relies in seeking an appellate court's reversal, vacation, or modification of an adverse judgment. Pl. assignments of error.See ER-ROR. Cf. WRIT OF ERROR. [Cases: Appeal and Error 718; Criminal Law 1129. C.J.S. Appeal and Error § 578; Criminal Law § 1688.]
ASSIGNABLE assignable,adj. That can be assigned; transferable from one person to another, so that the transferee has the same rights as the transferor had <assignable right>. Cf. NEGOTIABLE. [Cases: Assignments 1. C.J.S. Assignments §§ 2–7; Right of Privacy and Publicity § 42.]
ASSIGNEE
1. assignee (<<schwa>>-sI-neeor as-<<schwa>>-nee). One to whom property rights or powers are transferred by another. Use of the term is so widespread that it is difficult to ascribe positive meaning to it with any specificity. Courts recognize the protean nature of the term and are therefore often forced to look to the intent of the assignor and assignee in making the assignment — rather than to the formality of the use of the term assignee — in defining rights and responsibilities. — Also termed assign. [Cases: Assignments 90. C.J.S. Assignments §§ 73, 84, 88.]
2. assignee ad interim. An assignee appointed between the time of bankruptcy and the appointment of a regular assignee.
3. assignee for value. An assignee who has paid for or otherwise given consideration for the assignment.
4. collateral assignee.A lender who is assigned an interest in property (usu. real property) as security for a loan.
5. gratuitous assignee. An assignee under an assignment not given for value. subassignee. A person to whom a right is assigned by one who is a previous assignee of the right.
6. absolute assignee. A person who is assigned an unqualified interest in property in a transfer of some or all of the incidents of ownership.
ASSIGNER assigner. See ASSIGNOR.
1. ASSIGNOR assignor (as-<<schwa>>-noror <<schwa>>-sI-n<<schwa>>r or <<schwa>>-sI-nor). One who transfers property rights or powers to another. — Also spelled assigner. [Cases: Assignments 1. C.J.S. Assignments §§ 2–7; Right of Privacy and Publicity § 42.]
ASSIGNMENT OF PROPERTY assignment of property. See EQUITABLE DISTRIBUTION.
ASSIGNMENT-OF-RENTS CLAUSE
1. assignment-of-rents clause. A mortgage provision or separate agreement that entitles the lender to collect rents from the mortgaged premises if the borrower defaults. [Cases: Mortgages 199(2). C.J.S. Mortgages §§ 301–302.]
ASSIGNMENT-OF-INCOME DOCTRINE
1. assignment-of-income doctrine.Family law. The common-law principle that the person who has earned income is the person taxed on it, regardless of who receives the proceeds. Under this doctrine, future income assigned to another is taxable to the assignor. For example, in Lucas v. Earl, 281 U.S. 111, 50 S.Ct. 241 (1930), the Court held that a husband who was the sole wage-earner could not assign to his wife half his income and then pay the federal income tax on only the unassigned part.
ASSIGNEE CLAUSE
1. assignee clause. A provision of the Judiciary Act of 1789 that prevented a litigant without diversity of citizenship from assigning a claim to another who did have the required diversity. In 1948 the assignee clause was replaced by 28 USCA § 1359, which denies federal jurisdiction when a party is improperly or collusively joined, by as-signment or otherwise, merely to invoke jurisdiction. Black's Law Dictionary (8th ed. 2004) , Page 365
  1. 28 USCA § 1359
ASSIGNMENT Black's Law Dictionary (8th ed. 2004) , Page 366
1. assignment. 1. The transfer of rights or property <assignment of stock options>. [Cases: Assignments 31. C.J.S. Assignments §§ 43, 46.] 2. The rights or property so transferred <the aunt assigned those funds to her niece, who promptly invested the assignment in mutual funds>. “An assignment is a transfer or setting over of property, or of some right or interest therein, from one person to another; the term denoting not only the act of transfer, but also the instrument by which it is effected. In these senses the word is variously applied in law.” Alexander M. Burrill, A Treatise on the Law and Practice of Voluntary Assignments for the Benefit of Creditors§ 1, at 1 (James Avery Webb ed., 6th ed. 1894).
  1. “Negotiability differs from assignment, with which it has obvious affinities, in at least two respects. In the first place no notice need be given of the transfer of a negotiable instrument, and in the second place the transfer of such an instrument is not subject to equities. Thus whereas an assignor only transfers his rights subject to any defences which could be pleaded against him, a transfer of a negotiable instrument to someone in good faith passes a good title, free from any such defences. For instance a person who receives a cheque in good faith obtains a good title, even though the cheque may have been stolen. It is not, of course, any document which has the attributes of negotiability. Only those documents recognized by the custom of trade to be transferable by delivery (or endorsement) are negotiable. Other documents can only be transferred by assignment.” P.S. Atiyah, An In-troduction to the Law of Contract 278–79 (3d ed. 1981).
2. absolute assignment. An assignment that leaves the assignor no interest in the assigned property or right. [Cases: Assignments 71. C.J.S. Assignments § 73.]
3. assignment by operation of law. A transfer of a right or obligation as a necessary consequence of a change in legal status, regardless of the affected party's intent. For example, a right and a corresponding obligation may dis-appear if they vest in the same person, as might happen in a merger or acquisition.
4. assignment for value. An assignment given in exchange for consideration.
5. assignment in gross. A transfer of a company's trademark separately from the goodwill of the business. Courts often hold that such an assignment passes nothing of value to the transferee. — Also termed naked assignment. See ANTI-ASSIGNMENT-IN-GROSS RULEE. [Cases: Trade Regulation 93, 101.1. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 9, 205.]
6. assignment of account. An assignment that gives the assignee the right to funds in an account, usu. to satisfy a debt. [Cases: Assignments 10. C.J.S. Assignments §§ 19–21.]
7. assignment of application. 1 .Patents. The U.S. Patent and Trademark Office's formal routing of a patent or trademark application to the examining group to which it appears to belong based on subject matter. 2. The transfer of the right to prosecute a patent or register a trademark. The assignee must show ownership in the property to be patented or registered and, if less than absolute, the extent of ownership. See 37 CFR § 3.73. [Cases: Patents 183.] Black's Law Dictionary (8th ed. 2004) , Page 367
  1. 37 CFR § 3.73
8. assignment of dower (dow-<<schwa>>r). The act of setting apart a widow's share of her deceased husband's real property. [Cases: Dower and Curtesy 65–112. C.J.S. Dower §§ 75–129, 169–170.]
9. assignment of income. See assignment of wages.
  1. assignment of wages. A transfer of the right to collect wages from the wage-earner to a creditor. — Also termed assignment of income. [Cases: Assignments 11.1.]
  2. wage assignment. An assignment by an employee of a portion of the employee's pay to another (such as a creditor). [Cases: Assignments 11.1.] 3. The instrument of transfer <the assignment was appended to the contract>. [Cases: Assignments 31. C.J.S. Assignments §§ 43, 46.] 4. A welfare recipient's surrender of his or her rights to child support (both current and past due) in favor of the state as a condition of receiving governmental financial assistance <the assignment made economic sense to her because her child support amounted to $200 a month, while she received $400 a month in welfare>. 5. A task, job, or appointment <the student's math assignment> <assignment as ambassador to a foreign country>. 6. The act of assigning a task, job, or appointment <the assignment of various duties>. Subtopic assignment of the floor. Parliamentary law. The process by which the chair recognizes who is entitled to speak. 7. In litigation practice, a point that a litigant advances <the third assignment of error>.
  3. ASSIGNMENT OF RIGHTS
  4. assignment of rights. Contracts. The transfer of rights, esp. contractual rights, from one party to another. [Cases: Assignments 17.]
  5. ASSIGNMENT OF ERROR assignment of error. A specification of the trial court's alleged errors on which the appellant relies in seeking an appellate court's reversal, vacation, or modification of an adverse judgment. Pl. assignments of error.See ER-ROR. Cf. WRIT OF ERROR. [Cases: Appeal and Error 718; Criminal Law 1129. C.J.S. Appeal and Error § 578; Criminal Law § 1688.]
10. assignment of lease. An assignment in which a lessee transfers the entire unexpired remainder of the lease term, as distinguished from a sublease transferring only a portion of the remaining term. [Cases: Landlord and Tenant 74. C.J.S. Landlord and Tenant §§ 30, 53.]
11. assignment of realty. A transfer of a real-property interest that is less than a freehold. The term includes debt-security interests in land.
12. assignment pro tanto. An assignment that results when an order is drawn on a third party and made payable from a particular fund that belongs to the drawer. The drawee becomes an assignee with respect to the drawer's interest in that fund. [Cases: Assignments 49. C.J.S. Assignments §55.]
13. collateral assignment. An assignment of property as collateral security for a loan. [Cases: Secured Transactions 181. C.J.S. Secured Transactions §§ 25, 134–136.]
14. common-law assignment. An assignment for the benefit of creditors made under the common law, rather than by statute. [Cases: Debtor and Creditor 1. C.J.S. Assignments for Benefit of Creditors §§ 2, 4; Creditor and Debtor §§ 2–3.]
15. conditional assignment. An assignment of income (such as rent payments or accounts receivable) to a lender, made to secure a loan. The lender receives the assigned income only if the assignor defaults on the underlying loan. [Cases: Mortgages 199(2); Secured Transactions 181. C.J.S. Mortgages §§ 301–302; Secured Transactions §§ 25, 134–136.]
16. effective assignment. An assignment that terminates the assignor's interest in the property and transfers it to the assignee.
17. equitable assignment. An assignment that, although not legally valid, will be recognized and enforced in equity — for example, an assignment of a chose in action or of future acquisitions of the assignor. To accomplish an “equitable assignment,” there must be an absolute appropriation by the assignor of the debt or fund sought to be assigned. [Cases: Assignments 48. C.J.S. Assignments §§ 2, 53.]
18. fly-power assignment. A blank written assignment that, when attached to a stock certificate, renders the stock transferable. [Cases: Corporations 125. C.J.S. Corporations § 229.]
19. general assignment. Assignment of a debtor's property for the benefit of all the assignor's creditors, instead of only a few. — Also termed voluntary assignment. See ASSIGNMENT FOR THE BENEFIT OF CREDITORS. [Cases: Debtor and Creditor 1. C.J.S. Assignments for Benefit of Creditors §§ 2, 4; Creditor and Debtor §§ 2–3.]
  1. ASSIGNMENT FOR THE BENEFIT OF CREDITORS
  2. assignment for the benefit of creditors. Assignment of a debtor's property to another person in trust so as to consolidate and liquidate the debtor's assets for payment to creditors, any surplus being returned to the debtor. • This procedure serves as a state-law substitute for federal bankruptcy proceedings. The debtor is not discharged from unpaid debts by this procedure sincecreditors do not agree to any discharge. [Cases: Debtor and Creditor 1. C.J.S. Assignments for Benefit of Creditors §§ 2, 4; Creditor and Debtor §§ 2–3.]
  3. voluntary assignment. See general assignment.
20. gratuitous assignment. An assignment not given for value; esp., an assignment given or taken as security for — or in total or partial satisfaction of — a preexisting obligation. [Cases: Assignments 54. C.J.S. Assignments § 60.]
21. mesne assignment (meen). A middle or intermediate assignment; any assignment before the last one.
22. partial assignment. The immediate transfer of part but not all of the assignor's right. [Cases: Assignments 30. C.J.S. Assignments §§ 10–12.]
23. preferential assignment. See PREFERENTIAL TRANSFER.
24. total assignment. An assignment empowering the assignee to enforce the entire right for the benefit of the assignor or others. Examples are assignment to secure an obligation and assignment to a trustee.
25. new assignment.Hist. A plaintiff's restatement of a claim because the first complaint did not contain sufficient details. The purpose was to allow a plaintiff to reply to a defendant's responsive plea that did not address the plaintiff's specific claim because the complaint was too general. New assignment has been replaced by amended pleadings. — Also termed novel assignment. “A new assignment is a restatement in the replication of the plaintiff's cause of action. Where the declaration in an action is ambiguous and the defendant pleads facts which are literally an answer to it, but not to the real claim set up by the plaintiff, the plaintiff's course is to reply by way of new assignment; that is, to allege that he brought his action, not for the cause supposed by the defendant, but for some other cause, to which the plea has no application.” Benjamin J. Shipman, Handbook of Common-Law Pleading § 214, at 370 (Henry Winthrop Ballantine ed., 3d ed. 1923). Black's Law Dictionary (8th ed. 2004) , Page 368
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