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· 7/1/1855

Morgan v. Lowe, Ebbets & Co.

Citations

  • 5 Cal. 325
  • 1855 Cal. LEXIS 128

Syllabus

<p>A. sold to B. a bill of goods to arrive on a certain vessel. B. paid part of the purchase money, and was to pay the balance as soon as the vessel arrived. B. assigned the contract to C., who within a reasonable time after the arrival of the vessel, tendered the balance of the money to A., and demanded the goods. Held, that G. was entitled to the goods, and no notice of the assignment was necessary to charge A.</p> <p>It was no defense, that before A. had notice of the assignment, attachments in favor of the creditors of B. had been served upon him, and that he sold the goods and paid the proceeds to the attaching creditors after such notice, without the assent of G.</p>

Judges: Murray

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