Helms v. Delaware County Trust, Safe Deposit & Title Insurance

Citations

• 35 Pa. Super. 542
• 1908 Pa. Super. LEXIS 80

Syllabus

<p>Contract — Equitable assignment — Evidence—Parol evidence.</p> <p>Where a city contractor by an instrument in writing assigns to his surety, a trust company, all moneys due him by a city for the construction of a sewer, and the writing discloses no consideration and no inducements to its execution, and it is conceded that all the money paid on it did not belong to the trust company, parol evidence is admissible to show that two persons who had indemnified the trust company for its contract of suretyship were entitled to share in the moneys under a parol agreement made with the trust company and the contractor at the time the assignment was executed. Such an assignment covers not only the moneys paid directly by the city for the construction of the sewer, but also assessments on property owners collected by the city, and paid over to the trust company.</p>