162 P. 253 | Or. | 1917
delivered the opinion of the court.
This is an action to recover an installment of rent which became due from appellant January 15, 1915.. The original owner of the debt was one Ernest Wells. Respondent claims that the debt was assigned to him by Wells on the 2d of January, and that the assignment, in the form of an order from Wells, was presented to appellant and accepted by him on the 4th of January. Appellant denies that the debt was assigned to -respondent, and defends on the ground that he was served on the 8th of January with a writ of attachment and garnishment in an action brought by O. H. Stubrud against Wells and another.
“Portland, Oregon, January 2, 1915.
“John P. Leach, City. Kindly pay J. D. Morris the rent due January 15, 1915, amounting to $15.00, and oblige.
“Ernest Wells.” -
Prior to the giving of the order respondent had telephoned appellant about the matter, and appellant had stated that he would just as soon pay the money to respondent if respondent produced an order from Wells. The order was lodged with appellant on the 4th of January, and remained in his hands until the case was tried.
We think that the above was competent evidence to sustain the findings of the lower court. The order accurately described a specific fund. The authorities hold that such an order is sufficient to assign the fund described: 4 Cyc. 38; 5 Corpus Juris, 922; Tyrell v. Murphy, 30 Ont. L. 235, 237, 238; Gray v. Trafton, 12 Mart. O. S. (La.) 702; Switzer v. Noffsinger, 82 Va. 518; Adams v. Robinson, 1 Pick. (Mass.) 461; Robbins v. Bacon, 3 Me. 346; Conway v. Cutting, 51 N. H. 407.
The judgment is therefore affirmed. Affirmed.