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22 Cal. App. 68

133 P 339

Kelley v. Hampton

California Court of Appeal

Decided May 10, 1913

California Court of Appeal · decided 1913-05-10

<p>Assignment fob Collection—Action by Assignee—Findings.—In an action on a claim for goods sold and delivered, findings that the claim was assigned to the plaintiff, and that the assignment was for collection only, will support a judgment for the plaintiff.</p> <p>Id.—Effect of Assignment—Passing Title.-—An assignment for collection, without any consideration being paid by the assignee, vests the legal title in the assignee, which is sufficient to enable him to recover, though the assignor retains an equitable interest in the thing assigned.</p>

Relies on Greig v. Riordan

Good law ✅— No negative treatment on recordhow we know

Decided 1913-05-10

How this case has been cited

Cited by 9 later decisions — most recently November 1932

9 state decisions

40191319201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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HALL, J.

¶1 This is an appeal from a judgment rendered against appellant, and comes to this court upon the judgment-roll alone.

¶2 The action is in the usual and ordinary form brought by the 'plaintiff upon an assigned claim for goods sold and delivered at an agreed price by plaintiff’s assignor to defendants.

¶3 The court found all the issues against appellant, but found in favor of his codefendant.

¶4 *69 Besides finding in strict accordance with the allegations of the complaint that the claim was assigned to plaintiff, the court further found that such assignment was for collection only. It is upon this finding that appellant bases an argument that the judgment in favor of plaintiff is not supported by the findings. But an assignment for collection, without any consideration being paid by the assignee, vests the legal title in the assignee, which is sufficient to enable him to recover, though the assignor retains an equitable interest in the thing assigned. This is of no concern to the debtor. (Greig v. Riordan, 99 Cal. 316, [33 Pac. 913].)

¶5 No other point is presented by the record or urged for a reversal; and the judgment is therefore affirmed.

¶6 Lennon, P. J., and Kerrigan, J., concurred.

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