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234 Assignment Asson

THE JEWISH ENCYCLOPEDIA

the rights of the assignee, it was ordained that at the time of the Assignment the assignee must ask the debtor to give him a shetar directly Declara- acknowledging him to be the creditor,

tion of

No

or to acknowledge him as creditor by the ceremony of Kinyan, or in the presence of two witnesses. This procedure was equivalent to a declaration on the part of the debtor that he had no set-off to the creditor's claim; audit prevented him from afterward setting up a release of the claim by the creditor, as

Set-Off.

against the claim of the assignee. No agreement between the creditor and assignee could bind the debtor, unless the latter joined in any one of the methods which are mentioned above (Hoshen Mishpat,

I.e.

23).

Although the law provides that the creditor must reimburse Ms assignee in case he has released the debtor, yet, ii the debtor refuses to pay the assignee, in reliance on political protection, or on the plea that he is too poor, or on the claim that the shetar is a forgery, the creditor is not obliged to reimburse the assignee, because, even though the creditor had not released the debtor, the assignee would not have been able to collect the claim because oi the other defenses set up by the debtor (ib.

234

strument of indebtedness against E, the son of F, absolutely and freely and that henceforth neither I nor my heirs or representatives have any rights in this instrument Form of of indebtedness against E, the son of F but



Deed of Assignment,

it henceforth belongs absolutely to C, the son of D, and his heirs, together with all rights under it, and that no man shall hinder him therein." And, furthermore, the said A, the son of B, said unto us, the subscribing witnesses, "I bind myself under penalty of the ban of excommunication, and by the oath of the law, as to a completed contract which can not be disturbed or set aside, made publicly, and especially for the benefit of C, the son of D, who buys this instrument of indebtedness, that neither I nor my heirs will give any acquittance or release to the debtor or his heirs for any portion of the debt, under this instrument of indebtedness and this shall not be considered an Asmakta or a mere form " and thereupon we (the witnesses) took Kinyan of A, the son of B, for all that is above set forth, by the use of a garment by means of which Kinyan may lawfully be taken. And all is established and fixed and determined. (Signed by two witnesses.)

that





Bibliography: J. G. C. Adler, Sammlung von Gerlchtlichen Jlldischen Omtracten, Hamburg and Biitzow, 1773; Frankel,

Der

Oerichtliche Beweis, Berlin, 1846; Bloch, Der Vertrag, Budapest, 1893. J. SR. D. W. A.

ASSING, DAVID ASSTJR David Assing): German

33).

as

In the following cases the creditor loses the right to release the debtor (1) If the Assignment is made in the presence of the debtor (ib. 29). (2) If the debtor acknowledges the Loss assignee to be his creditor (ib. 23). of Right to (3) If the debtor himself executes a Release. shetar in favor of the assignee (ib., based on Ket. 86«). (4) If the original shetar of indebtedness reads that the debtor is bound to his creditor or his assigns

born at Konigsberg in 1787

(Rabad (5) If

which

to Mekirah, vi. 12, based

the creditor

is

at the time of the

on

Git. 134).

in possession of a pledge

Assignment he gives

to the assignee (Hoshen Mishpat, I.e. 30). (6) If the creditor is a married woman who has brought the shetar of indebtedness to her husband as a part of her marriage portion (ib. 28). (7) If the creditor is a non-Jew and he assigns the shetar to a Jew. The reason assigned is that, according to the law of the Gentiles, the creditor has no right to release the debtor (ib. 25). (8) If the creditor assigns the shetar on his deathbed, his heir loses the right to release the debtor. The reason given in this case is that the sick man may die in peace, knowing that his will will be carried out (ib. 27). (9) If the assignee assigns the shetar to another, or reassigns it to the assignor, he can not release the original debtor, because the privity of contract existing between the original debtor and creditor does not exist between the original debtor and the creditor's assignee and therefore, when the latter has assigned the claim to a second assignee, he has no such interest as will enable him to release the debtor

(ib. 31).

The following is the form commonly used for a deed of Assignment of an instrument of indebtedness •(" shetar mekirat shetar hob ") A memorial ot the testimony deposed before us, the witnesses day of in the year hereunto subscribed this There appeared before us A the son of B, and he said unto us, Be ye witnesses that I have sold unto C, the son of D, this in,

,

.



(generally

known

physician and poet; died April 25, 1842.

He

studied at the universities of Tubingen, Halle, Vienna, and Gottingen. He received his doctorate from the University of Gottingen Aug. 26, 1807 (according to some authorities, from Konigsberg University) his thesis being " Materise Alimentaria? Line;

amenta ad Leges Chemico-Dyuamicas Adumbrata " (Foods and Their Relation to Chemico- Dynamical Laws). This was published at Gottingen in 1809. Three years later he went to Hamburg with the intention of settling there as a practising physician;

but hardly a year passed before the war occurred for the liberation of Germany from Napoleonic rule, and he entered the army, joining a regiment of cavalry in the capacity of physician. He served first in the Russian, then in the Prussian, army. In 1815

he returned to Hamburg on account of his love for Rosa Maria Varnhagen, the daughter of a physician of that city,

and

sister of the

famous author.

He

married her the following year. About this time, Assing embraced Christianity and discarded his middle name Assur. He was known as a student of Greek medicine, making a special study of Hippocrates. He also contributed lyric poems to the "Musenalmanach," published by his friends Kerner and Chamisso; to the "Tubinger Morgenblalt " in "Isidorus Hesperiden." After the "death of his wife, June 22, 1840, he published, "Rosa Maria's Poetischer Nachlass," Altona, 1841. The last years of his life were passed in solitude.

Bibliography: Ally. Deutsche Biographic i. 624; Brockhaus, Conversations-Lexicon, ii. 81 Wernich and Hirsch, Hervorragtnde Aerzte Aller Zeiten unci Vtllker, i. 213;

Briimmer, Deutsches Diehter-Lexieon, p. 22; SchrOder, Lexicon der Hamburger Schriftsteller, p. 105.

W.

s.

ASSING, LTJDMILLA born in

Hamburg



German

S.

authoress;

Feb. 22, 1821; died March 25, She was the daughter of Dr. David Assing and Rosa Maria Assing, sister of Varnhagen von Ense. After the death of her parents she removed to Berlin to reside with her uncle Varnhagen. While in his house she formed the 1880, in Florence, Italy.