Lee San v. Hume Packing Co.

Citations

• 123 Cal. 283
• 55 P. 895
• 1899 Cal. LEXIS 1060

Syllabus

<p>Contract for Labor—Payments to be Made to Sureties—Trust— Assignment by Released Sureties—Notice—Action by Assignee.— An action to recover the balance due under a written contract, for labor, brought by an assignee of a firm of sureties upon a. bond given to secure its performance by the party bound thereunder to furnish the labor, cannot be sustained, although payments for the labor furnished were to be made to such sureties, under the terms of the contract, if the court finds upon sufficient evidence that such payments were to be made to. them as trustees for such party to the contract and for their protection as his sureties on the bond, and that they had been fully released from their bond prior to the assignment, and, at' the time thereof, had no interest in the balance due under the-contract, and that the assignment was made to the plaintiff without the consent of the party entitled to the money, and; with notice of his rights.</p>