Wetmore v. City of San Francisco

Citations

• 44 Cal. 294
• 1872 Cal. LEXIS 198

Syllabus

<p>Proof in Suit to ¡Recover Money Duf. on Contract.—In an action to recover money, an allegation in the complaint of the preciso day the money became due under the contract, is not a material one, and the plaintiff may prove an indebtedness at the time of the institution of the suit.</p> <p>Proof under General Denial in Answer.—In an action to recover money due, the defendant, under an answer containing a general denial, may prove payment, or that the'plaintiff had transferred the demand to another person.</p> <p>¡Right of Assignee of Debt to Sue.—If the owner of a money demand assign the same to another person by an assignment absolute bn its face, the assignee may maintain an action for the recovery of the whole amount due, and the defendant cannot aver or prove that the assignment was only as collateral security for the payment of a debt.</p> <p>Judgment Recovered by Assignee ¡Estops Assignor.—If the owner of a demand assign the same by an assignment sufficiently comprehensive in its terms to enable the assignee to sue and recover the whole sum due, a judgment in favor of the assignee operates as an estoppel upon the assignor to the same extent as though it had been recovered by the assignor.</p> <p>Assignment of a Void Contract—What it Carries.—If the Street Superintendent of a city enters into a written contract with a party to improve the streets of a city, which is void for want of authority to make it, and the other contracting party makes a written assignment on the hack thereof of “the articles of agreement on theuther side thereof written, and all moneys hereafter due, payable or to he paid therefrom, and the full benefit, profit, and advantage thereof,” it is not a mere assignment of the written contract, but transfers to the assignee the right to collect, demand, and receive all moneys due or to become due for the work specified in the contract, even if recovered on a quantum meruit, or for work and labor.</p> <p>Judgment for Sum less than Claimed an E