Wiggins v. McDonald
California Supreme Court
Appeal from the Eleventh District. ■ In November, 1857, defendant purchased of the Empire Mining Company their mining claims for $8,000 in cash and an agreement on the part of defendant to. pay certain demands against these claims, among which was a debt due plaintiff.
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Appeal from the Eleventh District. ■ In November, 1857, defendant purchased of the Empire Mining Company their mining claims for $8,000 in cash and an agreement on the part of defendant to. pay certain demands against these claims, among which was a debt due plaintiff. Defendant executed and delivered to plaintiff and one Linn a writing as follows, to wit : “ Forest Hill, November 80th, 1857. “ I promise to pay to Robert Linn and Ambrose Wiggins their lawful demands against the Empire Claims as soon as it comes out of the claims of the Empire Co.’s Claims. (Signed) “ James McDonald.”…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
We have no doubt of the right of the plaintiff to maintain this action. The defendant was indebted to the Empire Mining Company, who were indebted to the plaintiff, and it was agreed by all the parties that the defendant should pay to the plaintiff the amount of this indebtedness. If the rights of the plaintiff were to be determined by the rules of the common law, it might be a question whether the action could be maintained in its present form ; but there is no doubt that the transaction amounted to an equitable assignment of the debt, and under our…
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