182 F. 449 | 3rd Cir. | 1910
The A. P. Wilson Company, workers in tile, had, some time prior to the institution of bankruptcy proceedings against it, agreed as subcontractors to furnish and set tile for three separate buildings located in the city of Philadelphia, which were then in the course of construction, and had delivered tile to each of the buildings. Having entered into these contracts, and delivered the necessary tile therefor, it borrowed money from the Aldine Trust Company, giving its notes therefor, and as collateral security for their payment executed to it three several assignments of the following form:
“For value received, we hereby sell, assign, transfer and set over unto the Aldine Trust Go., all our right, title and interest in the sum of six hundred dollars (8600.00) due for material furnished to operation of Elder & Owen at Fifty-Seventh and Walnut streets.”
The assignments differ merely in the amount named therein and the building from which such amount was alleged to be due for material furnished. At the time the several assignments were made, the A. P. Wilson Company had, as stated, delivered to each of the three buildings the necessary tile for the completion of its work. In this sitúa
“The trust company has never contended, and does not now contend, that it had a possessory lien on the tile by virtue of delivery thereof to it, but does claim that there- was an assignment to it of moneys which the bankrupts had alleged were due by the contractors for the tile that had been delivered at the several operations, and it is submitted that the trustee in bankruptcy ought not to be allowed, any more than the bankrupts themselves, to allege that no sale of the tile had been made by the bankrupts to the several contractors, and that there was no money due by the said contractors for the tile.”
When the loans were made, and in the endeavor to procure them, the A. P. Wilson Company took the position and asserted in effect that the title of the tile had already passed to the builders, and that certain specific sums were due to it therefor. The language of the assignments, coupled with the other testimony in the case, will not permit of any other conclusion. To permit the trustee of the A. P. Wilson
Out of a multitude of cases which might be cited as establishing the above principle, that of Fourth Street Bank v. Yardley, 165 U. S. 634, 17 Sup. Ct. 439, 41 L. Ed. 855, only will be referred to, wherein, at page 653 of 165 U. S., at page 443 of 17 Sup. Ct. (41 L. Ed. 855), Mr. Justice White says:
“As tlie Fourth. Street Bank contracted and parted with its money on tlia faith of the representations of the Keystone Bank that there was to its credit, in the Tradesmen’s Bank, a specific sum, and the fund which came into the hands of its voluntary assignee is the fund as to which the representations were made, the Keystone Bank and its assignee are in equity estopped from asserting, to the prejudice of the Fourth Street Bank, that the character and condition of the fund was otherwise than it was represented to be.”
The trust company is entitled to receive the moneys in controversy.
The decree below is reversed, with costs.