Harvin v. Galluchat

Citations

• 28 S.C. 211
• 5 S.E. 359
• 1888 S.C. LEXIS 33

Syllabus

<p>1. An order to pay the holder out of a fund due to the drawer, operates as an assignment of so much of this fund; but the drawee having paid the fund over to the drawer without any actual notice having been given to the drawee or received by her (although given to her husband), the drawee is not liable to this assignee.</p> <p>2. In such cases the assignee cannot rely upon constructive notice to the debtor; the notice must have been actually received.</p>