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Contracts Keyed to Calamari
Herzog v. Irace
Citation:Supreme Judicial Court of Maine, 1991. 594 A.2d 1106.
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- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
A third party, Jones, was injured in a motorcycle accident and retained the defendant to represent him. Jones then injured his shoulder in an unrelated incident and went to see the plaintiff, who medically concluded that Jones needed surgery on his shoulder. Jones, in order to pay for the medical expenses, assigned the proceeds of the pending litigation for the motorcycle accident to the plainitff in satisfaction of the medical expenses. Plaintiff then informed the defendant about this assignment and performed the surgery. Thereafter, Jones instructed Defendant not to disburse the proceeds to Plaintiff. Jones sent a check to plaintiff to cover the medical costs but the check was returned for insufficient funds. Plaintiff subsequently sued to enforce the assignment.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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