Multiple assignments
1. Gratuitous assignments (no consideration)
a. General rule – last in time
b. Exceptions
i. Assignment is the subject matter of a writing delivered to the assignee, or
ii. Assignee receive some sort of indicia of ownership, or
iii. Reasonable, foreseeable, and detrimental reliance
2. Assignments for consideration
a. General rule – first in time
b. VERY LIMITED EXCEPTION – last in time takes if:
i. Subsequent assignee does not know of earlier assignment, and
ii. Is the first to receive payment, a judgment, a novation, or indicia of ownership
c. Breach of warranty
i. Assignor warrants that all rights assigned are assignable and enforceable if for consideration
ii. Subsequent assignee for consideration can sue assignor for breach of warranty if a prior assignee is vested
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