A Treatise On the Effect of the Contract of Sale On the Legal Rights of Property And Possession in Goods, Wares, And Merchandise

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But an order to pay out of any funds, is not an equitable assignment of any funds (i). In this latter case, however, possibly there may be an assignment which is good in equity, not of an interest but of a contract, just as at law a contract is assigned by the indorsement of a bill of exchange (fc).
The question is most commonly raised where goods have been consigned to a person on the understanding that bills are to be drawn on the consignee and to be paid out cf the proceeds of the con- signm
...ent, and the bills have been handed by the drawer to third parties, who set up a claim to have their bills paid out of those proceeds. They assert their claim on the ground that they are holders of the bills, and as such are the assignees of the assignor's equity to have the Dills paid out of that security.
Now there was no doubt that in Ex parte Warring (I) the secu- rity had been deposited in trust to pay the bills; there is no doubt [*272] also that the holders were the indorsees of those *bills.


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