Legal Opinion
St. Paul Fire & Marine Insurance v. James I. Barnes Construction Co.
California Supreme Court
Decided May 29, 1963No. S. F. 21268PublishedCited by 7 opinions
1Opinion of the CourtPeters, J.
The basic problem involved on this appeal is whether an admitted assignment of moneys due under a contract was an absolute assignment or was a conditional one for security. If the former, as the trial court determined, the' assignee may recover from the debtor of the assignor with notice, upon allegation and proof that the debtor, after notice, paid the assignor. In such event, mere payment by the debtor of the assignor to the assignor, 'after notice' of. the assignment, creates the liability. But if the assignment was a conditional one, that is one for security of the assignee, here the…
2Cases cited6 opinions
- Trubowitch v. Riverbank Canning Co.California Supreme Court · 1947
- H. S. Mann Corp. v. MoodyCalifornia Court of Appeal · 1956
- Fricker v. Uddo & Taormina Co.California Supreme Court · 1957
- H. D. Roosen Co. v. Pacific Radio Publishing Co.California Court of Appeal · 1932
- Benton v. Hofmann Plastering Co.California Court of Appeal · 1962
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re Coupon Clearing Service, Inc.Court of Appeals for the Ninth Circuit · 1997
- 15 Collier bankr.cas.2d 1459, Bankr. L. Rep. P 71,522 in Re Golden Plan of California, Inc. State Loan Servicing, Inc. Financial Securities Agency, Inc. Mid-Central California, Inc., Debtors. Jesse Bear v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., Defendant- Al Fox v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., Defendant- Robert Ackerman v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., DefendantCourt of Appeals for the Ninth Circuit · 1987
- Bear v. CobenCourt of Appeals for the Ninth Circuit · 1986
- Foothill Capital Corp. v. Clare's Food Market, Inc.Court of Appeals for the Ninth Circuit · 1997
- Pasadena Investment Co. v. Pasadena Air Products, Inc.District Court, S.D. California · 1964
2 more not listed; retrieve them via the Exa API.