H. D. Roosen Co. v. Pacific Radio Publishing Co.

This case involves the question of the defendant’s liability under its written acceptance of an assignment made for a valuable consideration to plaintiff in the sum of $900, which had not been earned by the assignor at the time of defendant’s acceptance; it being contended by defendant that, at about the time of the acceptance, such circumstances arose that nothing was thereafter earned by the assignor, and that the assignment became ineffectual and defendant’s acceptance nugatory. Judgment went in favor of the defendant, and from that judgment plaintiff prosecutes this appeal.

There is no real dispute concerning the essential facts.

In connection with its business the defendant published a monthly periodical, which defendant had habitually caused to be printed by H. L. Kriedt, doing business in San Francisco under the trade name of II. L. Kriedt Company. The periodical came out about the 25th of each month, and the printing bill was customarily paid about one month later. By August 4, 1927, however, full payment had been made for all work previously done by Kriedt. At that time Kriedt was indebted to plaintiff in the sum of $900 for printer’s ink previously purchased; and being…