Figel

Parkinson Brothers Co. v. Figel

Good Law
1914 Cal. App. LEXIS 144·24 Cal. App. 701·142 P. 135
Court of Appeal of CaliforniaJune 4, 1914Civ. No. 1214.California4,605 words

Opinion

lead Opinion

Chipman, J.

The action was brought by plaintiff to have the rights of the several defendants determined to certain money held by plaintiff. It is alleged that plaintiff (herein referred to as Parkinson Company) and defendant Henry Cowell Lime & Cement Company (herein referred to-as the Cement Company) are corporations; that the Cement Company has commenced an action in the superior court of Santa Clara County against defendant Fred H. Figel and in said action a writ of attachment has been issued and served by the sheriff of said county upon this plaintiff, with a notice that all goods, etc., in the hands of plaintiff belonging to said Figel are attached; that before the said attachment plaintiff purchased from said Figel certain cement and other building materials for which plaintiff agreed to pay the sum of $304.20, no part of which has been paid; that said defendant Beggs claims to be entitled to receive said money from this plaintiff by virtue of a valid assignment from said Figel to him. Defendant Beggs filed an answer denying the averments of the complaint respecting the said action of the Cement Company and further answering, by way of cross-complaint, alleged: That the said money held…

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