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ST. PAUL FIRE & MARINE INS. v. JAMES I. BARNES CONSTR.

Docket No. S.F. 21268.

59 Cal.2d 691 (1963)

381 P.2d 932

31 Cal. Rptr. 52

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff and Respondent, v. JAMES I. BARNES CONSTRUCTION CO. et al., Defendants and Appellants.

Supreme Court of California. In Bank.

May 29, 1963.

Attorney(s) appearing for the Case

Wallace & Wallace, W.W. Wallace and Allan Wallace for Defendants and Appellants.

Bohnert, Davis & McCarthy, Gerald R. Knecht and Arthur M. Bohnert, Jr., for Plaintiff and Respondent.

PETERS, J.

The basic problem involved on this appeal is whether an admitted assignment of moneys due under a contract was an absolute assignment or was a conditional one for security. If the former, as the trial court determined, the assignee may recover from the debtor of the assignor with notice, upon allegation and proof that the debtor, after notice, paid the assignor. In such event, mere payment by the debtor of the assignor to the assignor, after notice of the...

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