Summary
In Joyce v. Wing Yet Lung, (Cal.) 25 P. 545, the court said "that an order drawn by a creditor on his debtor for the whole amount of the indebtedness operates as an equitable assignment of the debt to the payee, and a verbal acceptance of the order by the debtor is valid."
Summary of this case from Gillette, Libby v. Murphy, Carroll, BroughOpinion
Department One
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial.
COUNSEL
L. F. Fisher, and C. C. Stephens, for Appellant.
R. Dunnigan, for Respondent.
JUDGES: De Haven, J. Garoutte, J., and Paterson, J., concurred.
OPINION
DE HAVEN, Judge
The findings show that Wing Yet Lung was on March 27, 1888, indebted to the firm of Joyce & Duncan in the sum of $ 643.30, and that firm being also indebted to the respondent in the same amount, they upon that day gave an order requesting the appellant to pay respondent the sum of $ 643.30. Said order was accepted by appellant, and he paid thereon the sum of $ 300. Judgment was rendered against appellant for the balance of $ 343.30, and his motion for a new trial denied. Appellant's acceptance of the order drawn against him by the firm of Joyce & Duncan was only verbal, and upon the trial he objected to the admission of the evidence showing such verbal acceptance, and also to the introduction of the order itself, upon the ground that such acceptance, not being in writing, was not binding, and that the order itself was incompetent evidence without a written acceptance, and these objections, being overruled, are assigned as error.
The court did not err in overruling appellant's objection to this evidence. (Wheatley v. Strobe , 12 Cal. 92.)
The evidence is sufficient to support the findings, and we find no error in the record.
Judgment and order affirmed.