Blood v. Marcuse

Citations

• 38 Cal. 590

Syllabus

<p>Agency—Authobity op Secbetaey op a Mining Cobpobation—The Secretary of a mining company has not authority, by virtue of his office, to make assignment of tho promissory notes of tho company.</p> <p>Idem.'—Such assignment is not a corporate act, unless it is shown that the Secretary was not only authorised to make tho transfer, but to maleo it in Ms official capaciiy.</p> <p>Money Received undeb an Invalid Assignment.—Money collected upon a judgment by tho assignee, under an invalid assignment, may be recovered by a judgment creditor of the party who is rightfully entitled to it.</p> <p>Estoppel op Recobd.—Tho claimant of tho proceeds of a judgment, under the rightful owner, is not estopped by tho judgment in favor of the assignee, under an invalid assignment, unless it is shown that the fact of the assignment was put in issue between the debtor and tho alleged asignee.</p> <p>Pleading—Estoppel by Matteb op Recobd.—Estoppel by.matter of record must be pleaded.</p>