Commonwealth ex rel. Mentzer v. Sides

Citations

• 176 Pa. 616
• 35 A. 136
• 1896 Pa. LEXIS 1118

Syllabus

<p>[Marked to be reported.]</p> <p>Assignment — Equitable assignment — Notice—Prothonotary—-Sheriff.</p> <p>An assignment by a prothonotary of the fees of his office is not binding upon the sheriff who, in ignorance of the assignment and by the direction of the prothonotary, has paid over fees belonging to the prothonotary to other parties.</p> <p>A paper which purports to be an agreement on the part of J. that his income as prothonotary should be paid over to A. and that he, J., would keep a strict account of the daily income of the .office and would deposit the same in bank to his own credit as prothonotary and pay it over to A. “ from time to time as he may require it,” does not bear the character of an absolute assignment of the income, at least so far as third persons are concerned. The literal meaning of this paper is that J. should himself collect the income, deposit it in bank to his own credit and then pay it over himself to A.</p>