The 2001 United Nations Convention on the Assignment of Receivables in International Trade seemed to promise a globally uniform solution, referring the third-party effects of assignments to the law of the State in which the
assignor is located.
(139) According to the Diamond panel, the Scott decision merely "sidestepped" the merits of the doctrine, and "once more" carved out an exception from the "general rule." (140) While the Lear opinion significantly narrowed licensee estoppel, according to Diamond it only questioned
assignor estoppel in dicta.
The receivables are international because the
assignor and the debtor are located in different states within the meaning of the Convention: the
assignor's place of central administration is in Canada and the debtor's sole place of business is in the United States.
Paul Harrell, Stephen Lewis, Karl Sears, Quan He and Peter Abitz,
assignors to Rayonier TRS Holdings Inc., Jacksonville, FL
The court limited the issues for trial to defendant's basis for denying the claim, to wit, that plaintiff's
assignor had fraudulently procured the insurance policy by materially misrepresenting her address to obtain a lower insurance premium.
The Seventh Circuit Court of Appeals used the same logic as Eubank when it ruled that future insurance renewal commissions were taxable to the sales-person-assignor even though the
assignor (Hall) transferred the agency contracts (which contained the right to receive the renewal commissions) to his spouse.
(71.) Formal validity as between the
assignor and the assignee is, however, treated differently in Article 27.
* Punitive damages in excess of $200 billion ($300 million per
assignor and $50 billion for property damage and business interruption).
In the context of anticipatory assignments, however, the
assignor often does not have dominion over the income on receipt.
At the beginning of an assignment, the
assignor is required to give the assignee a complete list of creditors and a list of all assets being assigned.
[section] 727.104(1)(a) (2007) provides: "An irrevocable Assignment and Schedules shall be made in writing, containing the name and address of the
Assignor and Assignee and providing for an equal distribution of the estate according to the priorities set forth S 727.114." FLA.
The assignment must bear an express provision that upon consent of the landlord, the
assignor and its guarantors are relieved of any liability accruing after the date of assignment.
