Lee San v. Hume Packing Co.
Lee San v. Hume Packing Co.
Opinion of the Court
judgment went in the court below for The defendants, and plaintiff appeals from an order denying his motion for a new trial.
The defendants are some associated corporations, who may be designated for convenience as the Hume Packing Company.
The court below found that the contract was made by defendants with Quinn and with no other person; that the money was to be paid to Sun Wah Hing & Co. merely as trustees for Quinn and for their protection on the bond; that Sun Wah Hing & Co. could not assign their trusteeship to the plaintiff; that the assignment was made without the consent and against the will of Quinn; that plaintiff knew all the facts at the time he took the assignment and knew that the fifteen hundred dollars was. money due Quinn, and not the money of Sun Wah Hing & Co.; that Quinn performed the labor of labeling, et cetera, of the cans, and duly performed all the obligations and conditions of the contract, and that defendant, before the alleged assignment, had released Sun Wah Hing & Co. from their obligation upon the bond; and that at the time of the assignment the fifteen hundred dollars was not the money of Sun Wah Hing & Co., and that the latter had no interest therein, and that therefore the plaintiffs are not entitled to recover in this action.
There are no assignments of errors of law in the record; and the contention of the appellant for a new trial is based entirely upon specifications of the insufficiency of the evidence to justify the decision. Upon this point it is sufficient to say that the findings of the court below are supported by the evidence, and that it is not necessary to restate that evidence here.
The order appealed from is affirmed.
Reference
- Full Case Name
- LEE SAN v. THE HUME PACKING COMPANY
- Status
- Published
- Syllabus
- Contract for Labor—Payments to be Made to Sureties—Trust— Assignment by Released Sureties—Notice—Action by Assignee.— An action to recover the balance due under a written contract, for labor, brought by an assignee of a firm of sureties upon a. bond given to secure its performance by the party bound thereunder to furnish the labor, cannot be sustained, although payments for the labor furnished were to be made to such sureties, under the terms of the contract, if the court finds upon sufficient evidence that such payments were to be made to. them as trustees for such party to the contract and for their protection as his sureties on the bond, and that they had been fully released from their bond prior to the assignment, and, at' the time thereof, had no interest in the balance due under the-contract, and that the assignment was made to the plaintiff without the consent of the party entitled to the money, and; with notice of his rights.