Choses In Action

51 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Bailey v. Thyra Mae Smith
  89 Fla. 303· Fla.· 1925-03-27 ·cited 170×
  Paul W. Bailey appeals an order overruling his demurrer to a partition complaint involving personal property (savings deposit and mortgages) held in the joint names of Bailey and his deceased wife Jennie M. Bailey. The Florida Supreme Court holds that estates by the entireties ex
• Epping v. Geo. W. Robinson
  21 Fla. 36· Fla.· 1884-06-01 ·cited 41×
  This case addresses the jurisdiction of a Probate Court to grant letters of administration when an intestate dies outside the State but possesses assets (choses in action/debts) within a Florida county. The court held that such assets constitute "goods" under the administration s
• Cowan Liebowitz & Latman, P.C. v. Kaplan
  902 So. 2d 755· Fla.· 2005-03-17 ·cited 27×
  The Florida Supreme Court held that legal malpractice claims arising from attorneys' preparation of private placement memoranda are assignable, distinguishing such claims from typical attorney-client malpractice claims based on the public nature of the services and the attorneys'
• Duda v. Sterling MFG. Co.
  178 F.2d 428· 8th Cir.· 1949-11-25 ·cited 26×
  The court held that the bankruptcy court lacked summary jurisdiction over pre-reorganization claims denied by the debtor, which required a plenary trial with a jury. However, claims arising from post-reorganization transfers without court authority were within summary jurisdictio
• In re Penn Cent. Transp. Co.
  453 F.2d 520· 3d Cir.· 1971-12-23 ·cited 24×
  A railroad reorganization court has the equitable power to restrain banks from setting off their claims against the debtor's bank accounts, even if those accounts represent choses in action, to preserve the debtor's property for the benefit of all creditors.
• Donegan v. Baker & Holmes Co.
  73 Fla. 241· Fla.· 1917-02-02 ·cited 24×
  Baker & Holmes Company sought to compel the defendant (also named Baker & Holmes Company in its trustee capacity) to distribute a fund created from the sale of assets of an insolvent corporation to its creditors according to an agreed-upon schedule. The Florida Supreme Court affi
• United States v. Metro. Life Ins. Co.
  130 F.2d 149· 2d Cir.· 1942-07-15 ·cited 22×
  The court held that an insurance company is not in 'possession' of the taxpayer's property when it owes the taxpayer the cash surrender value of a policy, and thus cannot be compelled to surrender that value under § 3710(b).
• In re the Lehigh & Hudson River Ry. Co. v. Troiano
  468 F.2d 430· 2d Cir.· 1972-10-11 ·cited 20×
  A reorganization court lacks summary jurisdiction to compel payment of a debt when the obligor asserts a substantial, good-faith claim that a setoff occurred prior to the bankruptcy petition.
• Tucker v. Nat'l Linen Serv. Corp.
  200 F.2d 858· 5th Cir.· 1953-01-05 ·cited 20×
  The court held that the suit was properly dismissed for lack of indispensable parties and failure to state a cause of action, as the alleged claims were either adjudicated, passed by sheriff's sale, or barred by limitations and laches.
• Todd v. Sec. & Exch. Comm'n (international Hydro-Electric Sys.
  137 F.2d 475· 6th Cir.· 1943-06-22 ·cited 20×
  The court held that constitutional objections not raised before the SEC are not subject to judicial review, and that claims of rescission are irrelevant to the SEC's mandate to simplify holding company structures and equalize voting power.
• Burchfield v. Bevans
  242 F.2d 239· 10th Cir.· 1957-02-07 ·cited 16×
  The court held that where multiple judgment creditors have claims against an insurance policy's limited liability fund, and no judgment creates a lien on the fund under state law, equity dictates a pro rata distribution of the fund among all judgment creditors.
• M. Witmark & Sons v. Fred Fisher Music Co., Inc.
  125 F.2d 949· 2d Cir.· 1942-02-11 ·cited 16×
  A copyright holder may assign their expectancy of the renewal right, as the statute does not explicitly forbid such assignments.
• Diaz v. Rood
  851 So. 2d 843· Fla. 2d DCA· 2003-08-08 ·cited 14×
  The court held that the trial court applied an incorrect legal standard by commingling the tests for consideration and fairness in evaluating the assignment of an expectancy interest.
• Mickler v. Aaron
  490 So. 2d 1343· Fla. 4th DCA· 1986-07-09 ·cited 14×
  A judgment creditor cannot implead the debtor's former attorneys for legal malpractice or use supplementary proceedings to execute on legal malpractice claims because such claims are personal and non-assignable.
• Fed. Deposit Ins. Corp. v. Am. Bank Tr. Shares
  558 F.2d 711· 4th Cir.· 1977-07-08 ·cited 14×
  The court held that while FDIC demonstrated apparent title to the choses in action, the district court must first adjudicate the shareholders' counterclaim regarding the validity of FDIC's acquisition before allowing FDIC to proceed with litigation.
• In re Laurence Semel
  411 F.2d 195· 3d Cir.· 1969-05-21 ·cited 14×
  The court held that a bankrupt must fully disclose all assets, including debts owed to him and information about pending cases, even if he believes they have no value or could cause reputational harm.
• Louis Freeman in Bankr. of Brokol Mfg. Co. v. Mayer
  253 F.2d 295· 3d Cir.· 1958-03-10 ·cited 12×
  The court held that the taxing authorities did not obtain sufficient possession of debts owed to the bankrupt to remove them from bankruptcy administration priorities.
• Walters & Walker v. Whitlock
  9 Fla. 86· Fla.· 1860-01-01 ·cited 12×
  The Florida Supreme Court reversed a lower court judgment in a dispute over whether a voluntary assignment executed in South Carolina transferred an open account to the assignee despite a subsequent garnishment by a creditor. The court held that the assignment was valid under pri
• Ichiro Ikuno v. YIP
  912 F.2d 306· 9th Cir.· 1990-08-17 ·cited 10×
  The court held that a potential legal negligence claim is property subject to execution under Washington law, and that a plaintiff can acquire such a claim through a sheriff's sale. The court also found that genuine issues of material fact precluded summary judgment on certain RI
• Peninsula State Bank v. United States
  211 So. 2d 3· Fla.· 1968-05-29 ·cited 10×
  The Florida Supreme Court held that an account receivable is not subject to a simple judgment lien under Florida law, and therefore a bank's unprotected assignment of a contract was entitled to the 45-day grace period protection under the Federal Tax Lien Act of 1966 when priorit
• Miami Nat'l Bank v. Nelse S. Knudsen for Ludman Corp.
  300 F.2d 289· 5th Cir.· 1962-02-26 ·cited 10×
  The court held that the Florida Assignment of Accounts Receivable Act establishes a mandatory and exclusive system for perfecting assignments of accounts receivable through notice-filing with the Secretary of State.
• Jones v. Gertz
  121 F.2d 782· 10th Cir.· 1941-07-17 ·cited 10×
  A bankrupt's discharge should not be denied based on failure to list assets when the failure is based on advice of counsel and a good-faith belief that the assets were already assigned and of no value.
• Sousa v. Zuni Transp., Inc.
  286 So. 3d 820· Fla. 3d DCA· 2019-10-02 ·cited 9×
  This case involves an appeal by William Sousa and Eastern Medical Transportation, LLC after their lawsuit against Zuni Transportation, Inc. was dismissed with prejudice and summary judgment was granted to Zuni. The appellate court reversed the lower court's decision, finding that
• Steyr-Daimler-Puch OF Am. Corp. v. Pappas
  852 F.2d 132· 4th Cir.· 1988-07-25 ·cited 8×
  The court affirmed the dismissal of SDPA's alter ego claim, holding that such a claim is property of the bankruptcy estate under Virginia law and 11 U.S.C. § 541, and thus the trustee had the authority to compromise it.
• Klepinger v. Rhodes
  140 F.2d 697· D.C. Cir.· 1944-02-11 ·cited 8×
  The District Court lacked jurisdiction because the amount claimed was below the statutory threshold for its exclusive jurisdiction, regardless of whether the claim was legal or equitable.
• Rockmore v. Lehman
  129 F.2d 892· 2d Cir.· 1942-08-19 ·cited 8×
  The court held that assignments of existing contracts, even those with future payments, are perfected at the time of assignment and are not subject to the preference provisions of the Bankruptcy Act or filing requirements of the New York Lien Law.
• Preferred Title Servs., Inc. v. Seven Seas Resort Condo., Inc.
  458 So. 2d 884· Fla. 5th DCA· 1984-11-15 ·cited 6×
  A title insurance company sued a condominium developer for unpaid cancellation fees and compensation for legal document preparation services rendered when title insurance policies were not ultimately issued. The court affirmed dismissal, holding that preparing legal documents con
• Rubenstein v. United States
  1993 WL 249099· S.D. Fla.· 1993-07-02 ·cited 4×
  The court held that the value of the Estate's claim against Ratner, arising from his misappropriation of partnership funds, was an intangible asset includable in the decedent's gross estate for estate tax purposes.
• Kent-Reese Enters., Inc. v. Hempy
  378 F.2d 910· 9th Cir.· 1967-05-29 ·cited 4×
  The court held that the agreement did not effect a valid assignment or pledge of the Kent-Reese debt because possession of the note was not surrendered.
• McGRATH v. Cities Serv. Co.
  189 F.2d 744· 2d Cir.· 1951-06-13 ·cited 4×
  The court held that the Trading with the Enemy Act applies to bonds issued by a U.S. citizen and held by an alien outside the country, and that the Alien Property Custodian can sue on such bonds.
• Maxwell v. Agnew
  21 Fla. 154· Fla.· 1884-06-01 ·cited 4×
  Mrs. Maxwell sued bankers Agnew for the full balance of a $2,000 certificate of deposit in her separate property. The bankers paid out the entire amount to her husband (Dr. Maxwell), who presented the certificate of deposit. The court held that because the certificate was payable
• Wilson v. Matheson
  17 Fla. 630· Fla.· 1880-01-01 ·cited 4×
  Wilson and McHenry purchased a judgment against the Standley estate at a sale under execution, claiming a lien on lands the complainant Wilson had purchased from the estate's administratrix. The Florida Supreme Court affirmed the lower court's decree enjoining their sale, holding
• In re Johnson
  291 F.2d 910· 8th Cir.· 1961-06-30 ·cited 3×
  The court held that the bankruptcy court did not abuse its discretion in denying the petition to reopen the estate because the alleged unadministered assets lacked probability, administrability, and substance.
• Craft v. Craft
  757 So. 2d 571· Fla. 4th DCA· 2000-04-26 ·cited 2×
  A former husband appeals a trial court order in contempt proceedings requiring him to turn over assets, including rights in a pending lawsuit, to satisfy an unpaid alimony judgment. The court affirmed, holding that the husband's claims for fraud and breach of fiduciary duty relat
• Virginia-Carolina Chem. Corp. v. Hartford Accident & Indem. Co.
  339 F.2d 413· 4th Cir.· 1964-11-20 ·cited 2×
  The court held that the loss of fertilizer shipped on credit obtained through an employee's fraudulent reporting was covered by the insurance policy's provision for loss through dishonest acts.
• Snyder v. B 3 Grp., Inc.
  M.D. Fla.· 2024-05-28
  The court held that the plaintiff lacked standing to bring an individual False Claims Act retaliation claim because the alleged injuries were primarily to his LLC, not directly to him personally, and he failed to plead a separate statutory or contractual duty owed to him individu
• YS Catering Holdings, Inc. v. Attollo P'rs LLC
  274 So. 3d 1203· Fla. 3d DCA· 2019-06-19
  The trial court properly dismissed the complaint with prejudice because the merger agreement's integration clause precluded oral misrepresentation claims, the 2016 release agreement barred all claims against the defendants, and the assignment for the benefit of creditors transfer
• Porcelli v. United States
  964 F.2d 1306· 2d Cir.· 1992-05-27
  The court affirmed the denial of the habeas corpus petition, finding that the intervening case law did not alter the basis for the original convictions.
• United States v. Jones Coal Co.
  368 F.2d 217· 6th Cir.· 1966-03-29
  The court held that the district court did not err in substituting the trustee as use-plaintiff and allowing interest from the date of the original opinion, as the revocation of the corporation's charter did not invalidate its assigned choses in action.
• Sackett v. P. B. White in Bankruptcy of Portsmouth Newspapers
  257 F.2d 282· 4th Cir.· 1958-06-18
  The court held that the contract for the sale of assets, as evidenced by the various court orders and the bidder's offer, was limited to tangible personal property and did not include cash items or accounts receivable.
• Burns v. Lauderdale Loan & Disc. Co.
  148 Fla. 92· Fla.· 1941-04-15
  The Florida Supreme Court considered whether a city's sale of tax certificates and improvement liens for significantly below face value was valid. The Court initially reversed the lower court's dismissal, but on rehearing, affirmed cancellation of the contract regarding certain t