Opinion

Oswald v. Schwartz

  • 181 Cal. 620
  • 185 P. 959
  • 1919 Cal. LEXIS 404
Court
California Supreme Court
Filed
Dec 1, 1919
Status
Published
On the bench
THE COURT.
Cited by
6 cases

The opinion

*627

THE COURT.

Application for rehearing.

Complaint is made in a petition for rehearing filed on behalf of appellant Granger that, in view of the fact that Oswald had a right of setoff

against Knight

as to a portion of the Knight bonds going to Granger and the Pacific Metal Products Company, the right of the latter (the Metal Products Company) is extinguished to the amount of the setoff, which is more in amount than the value of the bonds going to the company, and Granger is entitled by virtue of his prior assignment to the bonds given to the company. There is no force iñ this claim in view of what is shown in that portion of the district court. of appeal opinion which we have approved. By reason of the fact that Granger did

not

give notice of his assignment to the county and that the company did give notice of its assignment, the company’s assignment became superior to that of Granger and its claim must first be satisfied. Hence, if there is any offset to be considered, it would have to come out of Granger’s share in the bonds remaining after the company’s claim is satisfied. So no error has been made in favor of the company as against Granger. The opinion of the district court of appeal sufficiently shows why Oswald cannot urge this claim of setoff as

against Granger,

and so no .error has been made in regard to Oswald’s rights.

The petition for a rehearing is denied.

All the Justices concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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