Norton v. Whitehead

Citations

• 84 Cal. 263
• 24 P. 154
• 1890 Cal. LEXIS 801

Syllabus

<p>Assignment of Moneys Accruing under Ngn-assignable Contract.—A provision in a contract with the board of state harbor commissioners for the repair of a sea-wall, that it should not be assignable without the written consent of the hoard, does not preclude a valid assignment, without such consent, of all moneys due or to become due on work which the contractor may perform under the contract as security for indebtedness of the contractor to the assignee.</p> <p>Id.—Construction of Assignment for Security—Future Indebtedness.— A provision in the assignment that it shall remain in force until all notes due or to become due from the contractor to the assignee are paid is broad enough to include notes thereafter to be made, and will be held to include such notes, if the intention to include them is indicated by the circumstances under which the assignment was made and the subsequent conduct of the parties.</p> <p>Id.—Irrevocable Power of Attorney — Interest in Subject-matter of Power — Death of Principal. — If, after the assignment, the contractor executes a power of attorney, irrevocable in terms, authorizing the assignee to collect and receive all moneys which are or shall become due under the contract, and gives him a letter of introduction to the secretary of the board containing a notice of the power, and if such assignment, power of attorney, and letter, taken in connection with the circumstances and conduct of the parties, evince that the assignee has an interest in the subject over or concerning which the power was to be exercised, the power of attorney is so coupled with an interest as not to be revoked by the death of the principal.</p> <p>Id. —Provision for Irrevocability of Power. — A provision in a power of attorney that it is to he irrevocable, though not conclusive, tends to prove that the parties understood that the attorney had an interest in the subject-matter upon which it was intended to operate.</p> <p>Id. — Action under Power by Assignee after Deat