Pope v. Huth

Citations

• 14 Cal. 403

Syllabus

<p>As order in the following words : “ Messrs. E. Huth & Co. please hold to the order of William Pope & Sons, of Boston, five hundred pounds sterling of insurance, effected on cargo per bark Elvira, and oblige, etc.” is an equitable assignment of the funds in the hands, or to come into the hands, of the drawees, to the payees,</p> <p>And the drawees, having notice of such assignment, are liable to the payees for the amount, without an express promise to pay it.</p> <p>An order is, per se, an equitable assignment to the payee of the debt due from the drawee to the drawer.</p> <p>Pierce v. Hobimon, 13 Cal. 116; Wheatley v. Strobe, 13 Id. 93, quoted.</p>