Watson v. McManus

Citations

• 221 Pa. 41
• 70 A. 263
• 1908 Pa. LEXIS 429

Syllabus

<p>Assignment — Equitable assignment — Municipality—Municipal contract — Injunction—Equity.</p> <p>On a bill in equity against a municipal contractor and a city for an injunction to prevent payment by the city to the contractor of moneys due under contracts, it appeared that the contractor had assigned to the plaintiff all his right, title and interest to all moneys, warrants and payments of any kind thereafter receivable from the city on account of any contracts between the contractor and the city. The assignment further provided that said sums of money should be held by the city for the use of and as belonging to plaintiff, and the plaintiff was constituted irrevocably attorney to collect the same. The city had notice of the assignment and made no objection to it. Thereafter the contractor recovered a large judgment against the city. After this an equity proceeding was instituted between the plaintiff and the contractor for an accounting. Held, that the plaintiff was entitled to an injunction to restrain the city from making any payment to the contractor until the suit for an accounting was determined, and a further order made.</p>