Phair v. Mead

This is a motion to dismiss the two causes of action pleaded in the complaint on the ground that plaintiff, suing as assignee, acquired no rights by virtue of the alleged assignments to her.

The first cause of action seeks to recover arrears of alimony due to plaintiff’s assignor under a California decree of divorce. Defendant contends that alimony may not legally be assigned. The law is well settled that this is true as to alimony which has not yet become due. The general rule is otherwise, however, in respect of assignments of past due or accrued alimony (see 97 A. L. R. 212, and cases there…