Gordon

In an action brought by plaintiff against the defendants, Julian Petroleum Corporation intervened.

As far as concerns the facts which are material to the question submitted to this court, it appears that the defendants were the owners of a beneficial interest in a trust; that arising from some anticipated services to be thereafter performed for the defendants by one White, it was assumed that in payment thereof compensation would become due to White; that White was indebted to the Julian Petroleum Corporation in the sum of $2,290.97; and that the latter was insisting that White pay to it the said debt. Thereupon, with knowledge of the facts, the defendants and White signed and delivered to Julian Petroleum Corporation an instrument in writing, a copy of which being as follows:

Upon receipt of such instrument, the trustee delivered to Julian Petroleum Corporation an acknowledgment thereof in the following form, to wit:

More than one year thereafter, and following the receipt by the trustee of funds in amount more than sufficient to pay the sum represented by the assignment in question, by an instrument in writing signed by the defendants the trustee was “instructed to cancel”…