Pacific Finance Corp. v. City of Lynwood

Plaintiff recovered judgment against the defendant city on a contract entered into between the city and one George A. Schwabland, a civil engineer, the rewards of which were by Schwabland assigned to plaintiff. The appellant city seeks a reversal of the judgment, urging several reasons. It first contends that Schwabland was an officer of the city, and that, as it is against public policy to permit the unearned salary of a public officer to be assigned, plaintiff was not entitled to judgment for any sum. Furthermore, as the city could remove its appointive officer at any time, and did so before any money was due him, his assignee, it is argued, had no money due it. An added reason for a reversal is claimed in Schwabland ’s failure to file a demand in the manner required 'by a city ordinance. In any event, it is suggested, plaintiff can recover no more than the actual expenditures of its assignor, for the proceedings on which he had worked were abandoned.

Schwabland’s first relation to the city began when, at a regular meeting of the board of trustees of the defendant city held August 12, 1925, action was taken whereby he was “appointed City Engineer without compensation until…