Sintes v. Commerford

Citations

• 112 La. 706
• 36 So. 656
• 1904 La. LEXIS 452

Syllabus

<p>ASSIGNMENT OE DEBT — NOTICE—TITLE—CREDIT-OBS OE ASSIGNOR — BIGHTS.</p> <p>1. Where the owner of a claim for money assigns the same to another, who notifies the debt- or, the assignment, as a matter of form, is complete, and the assignee becomes the owner of .the claim.</p> <p>2. No particular form of notice, ordinarily speaking, is necessary to perfect the assignment of such a claim; and where a municipal corporation, as a matter of convenience to itself, requires that the assignment, in writing, shall be deposited with a designated officer, and that he shall make an entry thereof in his books, the requirement is sufficiently complied with, and the notice is sufficient, if the assignee deposits the assignment with such officer, though the latter may fail to make the entry as required.</p> <p>3. Where inquiry is made as to the real purpose of the transaction, and it is ascertained that the assignment of the claim is made in payment of a debt due to the assignee, and upon the further condition and consideration that the assignee shall devote the surplus to be realized, over and above the amount needed for such payment, to the payment of debts due by the assignor to other persons, in whose favor and with whose consent the assignee, to that extent, binds himself by written contracts, the legal title to the entire claims vests in the assignee, and the equitable title, quoad such surplus, in the other creditors; the title of the assignee, both legal and equitable, is devested; he loses control of the property; and, in the absence of fraud, legal or actual, it cannot rightfully be attached at the suit of other creditors.</p> <p>4. An issue which is not raised by the pleadings, and which has not been presented in argument, either in the district court or the Court of Appeal, will not bo considered in this court upon the hearing of an application for the review of the judgment of the Court of Appeal.</p> <p>(Syllabus by the Court.)</p>