Portuguese-American Bank of San Francisco v. Welles
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OP APPEALS POR THE NINTH CIRCUIT. The case is stated in the opinion. I. The provision in the contract to control assignments of moneys due was valid. Burck v. Taylor, 152 U. S. 634, and many other cases were cited to the general proposition that parties to contracts may prohibit assignment. The .prohibition may extend to the assignment of moneys due under the contract.
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APPEAL PROM THE CIRCUIT COURT OP APPEALS POR THE NINTH CIRCUIT. The case is stated in the opinion. I. The provision in the contract to control assignments of moneys due was valid. Burck v. Taylor, 152 U. S. 634, and many other cases were cited to the general proposition that parties to contracts may prohibit assignment. The .prohibition may extend to the assignment of moneys due under the contract. Tabler v. Sheffield Land, Iron & Coal Co., 79 Alabama, 377; Stanley v. Sheffield Land, Iron & Coal Co., 83 Alabama, 261; Barringer v. Bes Line Construction Co., 23 Oklahoma, 131; Zetterlund v.…
1Opinion of the CourtJustice Holmes
This is a suit brought by the appellee Welles to establish a lien upon a debt of $6,830.85 due under a construction contract from the City of San Francisco, represented by the appellee Boyle, to the bankrupt, Metropolis Construction Company. The District Court approved the report of the referee against the claim and in favor of the appellant, but this decree was reversed by the Circuit Court of Appeals. 211 Fed. Rep. 561. 215 Fed. Rep. 81. 128 C. C. A. 161. 131 C. C. A. 389. The subject-matter is the fourth progress payment, which on December 5, 1910, had been authorized by the Board of…
2Cases cited6 opinions
- Hobbs v. McLeanSupreme Court of the United States · 1886
- Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
- Burck v. TaylorSupreme Court of the United States · 1894
- Fortunato v. . PattenNew York Court of Appeals · 1895
- Welles v. Portuguese-American BankCourt of Appeals for the Ninth Circuit · 1914
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3Cited by42 opinions
- Martin v. National Surety Co.Supreme Court of the United States · 1937
- Allhusen v. Caristo Construction Corp.New York Court of Appeals · 1952
- Fox-Greenwald Sheet Metal Co., Inc. v. Markowitz Bros., Inc., Continental Casualty Co., Blake Construction Co., Inc., United States of AmericaCourt of Appeals for the D.C. Circuit · 1971
- Wilmington Parking Authority v. RankenSupreme Court of Delaware · 1954
- Johnston v. LanducciCalifornia Supreme Court · 1942
37 more not listed; retrieve them via the Exa API.