Can a part of a future debt be assigned?

Saskatchewan, Canada


The following excerpt is from In re A. B. Miller, 1908 CanLII 162 (SK QB):

In England, however, there appears to be some question as to whether a part of a future debt can be assigned, and then as to whether an undefined portion of future debts can be assigned and that question seems to turn upon the fact that the assignment must be absolute under the English provision, and because it could not be by way of charge. In Jones v. Humphreys (1902), 1 K.B. 10; 71 L.J.Q.B. 23; 50 W.R. 191, Lord Alverstone, C.J., is reported, at page 13, as follows: “I think there is no doubt that an absolute assignment of future debts may be a good assignment for the purposes of the section; and I also think that an absolute assignment of a definite sum out of a future debt may possibly be within the section. . But I think that an assignment of an undefined portion of future debts will not come within it. To satisfy the section you must be able to find in the document an intention to assign some definite sum, so that the debtor may know how much he is justified in paying to the assignee.” Under the ordinance I am of opinion that that is not necessary. All one has to do is to decide whether it is an assignable debt, and, if so, it would pass if apt words were used for the purpose. In this case I am of opinion that apt words have been used for the purpose.

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