Seligmann v. Hill & Combs

POPE, Justice.

We grant appellees’ motion for rehearing, withdraw our former opinion, and affirm the trial court’s judgment with this substituted opinion.

Julius Seligmann, Jr., appealed from a judgment which denied his claim as assig-nee to funds due Zoller Electric Company, a building sub-contractor, and granted judgment for Aetna Casualty and Surety Company as assignee of the funds. Defendant Hill & Combs was the general contractor and is a mere stakeholder. The dispute is between Seligmann and Aetna. The legal problems in the case are: (1) Did Selig-mann have a statutory protected…