Blethen

The parties to this appeal are the successive assignees of the accounts receivable of a hotel. The trial court, sitting without a jury, found that defendant Blethen, the assignee first in time, had collected $8,491.53 on accounts which had been lawfully assigned to plaintiff Contiental Bank, who had obtained priority by filing the notice prescribed in former Civil Code section 3018. The court therefore gave judgment in favor of the bank against Blethen in the amount of $8,491.53 plus prejudgment interest in the amount of $3,607.86. Blethen is appealing from this judgment.

Those of the underlying facts which are not in dispute will be stated first.

Under date of February 12, 1962, Blethen and Samuel J. DeSarno executed instructions addressed to Prudential Escrows, of Palm Springs. These instructions recited that Blethen would pay into the escrow $10,000, to be used when the escrow held the promissory note of DeSarno in that amount. The instructions included this: “You are further authorized and instructed to advise American Express, Diners Club and Carte Blanc [¿ic] that all sums due Samuel J. De Sarna [>z'c] dba Howard Manor, Palm Springs, California, are to be paid…