Legal Opinion

Lockwood v. Canfield

California Supreme Court

Decided July 1, 1862PublishedCited by 8 opinions

Appeal from the Twelfth District. Taylor & Wadsworth being in failing circumstances, executed to the defendants, to whom they were indebted in about the sum of $4,000, an assignment of certain accounts. The assignment attached to a schedule of the accounts is in these words : “ Know all men by these presents, that we, Thos.

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Appeal from the Twelfth District. Taylor & Wadsworth being in failing circumstances, executed to the defendants, to whom they were indebted in about the sum of $4,000, an assignment of certain accounts. The assignment attached to a schedule of the accounts is in these words : “ Know all men by these presents, that we, Thos. L. Taylor and H. W. Wads-worth, late partners, doing business under the name of Taylor & Wadsworth, of the city of Marysville, county of Yuba, for and in consideration of the sum of $4,000 received of Canfield, Pierson & Co., of the city of San Francisco, the receipt of…

1Opinion of the CourtCope, J.

Taylor & Wadsworth, merchants, etc., being indebted in various sums to different persons, assigned to the defendants certain ac*129counts, to be collected by them and the amount applied in payment of that indebtedness. The plaintiffs and defendants were among the persons for whose benefit the assignment was made; but it was agreed that the plaintiffs and one Hayden should be preferred in the order of payment, and the defendants admit that a sufficient amount has been received to pay their claims. On its face, the assignment is absolute and unconditional, and its object was shown aliunde, by the…

2Cited by8 opinions

  1. United States Fire Ins. Co. v. SmithSupreme Court of Alabama · 1935
  2. Cashion v. Bank of ArizonaArizona Supreme Court · 1926
  3. Whitney v. American Insurance Co.California Supreme Court · 1900
  4. Maitia v. Allied L. & L. S. Co.Nevada Supreme Court · 1926
  5. Sawyer v. Sunset Mutual Life InsuranceCalifornia Supreme Court · 1937

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