Fidelity National Bank v. Henley

Citations

• 24 Wash. 1
• 63 P. 1119
• 1901 Wash. LEXIS 484

Syllabus

<p>ASSIGNMENT-MONEYS RETAINED ON GOVERNMENT CONTRACT-BREACH BY CONTRACTOR-COMPLETION BY SURETIES-RIGHTS OE ASSIGNEE.</p> <p>An assignment by a contractor of all moneys due or to become due under his contract for a public building, under which twenty per cent, of the moneys earned from time to time was to be retained by the government until the completion and acceptance of the work, passed to the assignee the equitable title in such twenty per cent., and the assignee was entitled thereto as against the sureties on the contractor’s bond, by whom the work had been completed after the default of the contractor.</p> <p>SAME-PAYMENT TO SURETIES-ASSUMPSIT BY ASSIGNEE AGAINST SURETIES.</p> <p>Where moneys due under a government contract were paid to the sureties on the contractor’s bond, who had completed the work on his default, rather than to an assignee to whom they were payable under an assignment by the contractor, of which all parties had notice, an action will lie directly against the sureties by the assignee to recover such moneys, although there is no privity of contract between them, under the rule that where one receives money under such circumstances as make it against conscience that he retain it, even though. he has received it under a claim of right, an action for money had and received will lie at the instance of the party to whom it rightfully belongs.</p>