Kimes

The respondent instituted an action in the Superior Court for recovery of an indebtedness alleged to have been assigned to him by the Lee Tire & Rubber Co., a foreign corporation. Of the technical defenses interposed at the trial, appellant at this time only questions the sufficiency of the assignment.

The corporate name appearing upon stationery of the company was Lee Tire & Rubber Company of New York, Inc., and the signature upon the purported transfer of the account was written: “Lee Tire & Rubber Co., By George Belles, Gen. Mgr. L. A. Branch.” It is contended that there was a fatal variance as to identity of the corporation, and that an assignment of a nonresident corporation by one not its California general manager, is insufficient to vest title to a demand .in the plaintiff for the purposes of maintaining suit thereon.

It was testified by George Belles that the executive offices of his principal were in New York, that it had branches on the Pacific coast, and had complied with the laws of this state by filing its articles of incorporation here; that he was general manager of the Los Angeles branch, which was maintained for the purpose of making sales throughout southern…