Works

Works v. Merritt

Good Law
105 Cal. 467·1895 Cal. LEXIS 681·38 P. 1109
Supreme Court of CaliforniaJanuary 5, 1895No. 19385California975 words

Opinion

lead Opinion

Harrison, J.

On the 5th of February, 1891, the defendant was indebted to the Story and Isham Commercial Company, a corporation, in the sum of five hundred and twenty-five dollars for merchandise sold and delivered to him by it, and on that day the corporation, by an instrument of writing, assigned the indebtedness to Mrs. Adella B. Story as security for money paid, and by said instrument agreed to be paid, by her for the benefit and account of the corporation. This instrument is set out at length in the case of Story & Isham Commercial Co. v. Story, 100 Cal. 30 . After this assignment the defendant gave to Mrs. Story his promissory note for the amount, which she accepted in full payment for the account, and gave to the defendant a receipt acknowledging its payjnent. Prior to giving this note the corporation executed an assignment of the claim to one Miller, who afterwards assigned it to the plaintiffs, which assignment was for a valuable consideration, and the defendant had notice thereof at the time that he executed the note to Mrs. Story. The plaintiffs and their assignor had notice also of the assignment in February to Mrs. Story. This action was brought to recover from the defendant the…

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