Kirk v. Roberts

Citations

• 3 Cal. Unrep. 671
• 31 P. 620
• 1892 Cal. LEXIS 1061

Syllabus

<p>Assignment—Change of Possession.—“Book Accounts and Bills Receivable, including all debts of every kind due [the assignor] from any person,” are “things in action,” and as such expressly exempt under Civil Code, section 3440, from the statutory rule requiring a valid transfer of personal property to be followed by immediate delivery and change of possession.1</p> <p>Assignment—Change of Possession.—H., Having Transferred by assignment certain book accounts and bills receivable to plaintiff, in part payment of a debt and as security, retained possession thereof as agent to collect the same, and subsequently defendant was appointed his receiver and assignee in insolvency. Held, in an action for moneys collected by defendant on such accounts and notes assigned to plaintiff, where the complaint averred demand on defendant and refusal by him to pay, that it was not necessary to aver or prove nonpayment of plaintiff’s claim, such fact being a matter of defense.</p> <p>Insolvency.—An Assignee in Insolvency Takes the Property of the insolvent subject to all the rights and equities of third persons attached to it in the hands of the insolvent.1</p>