Bowery National Bank v. Wilson (122 N.Y. 478, 1890)

Follett, Ch. J.

The finding that an oral assignment of the claim was made by Davidson to the bank on the 22d of January, 1886, is challenged by the appellants on the ground that there is no evidence tending to sustain it. The defendants requested the court to find the converse of this proposition, excepted to the finding made, and present a case which contains all of the evidence and so are in a situation to require a review, of the finding. After an examination of all of the evidence, we are convinced that no assigmnent, except the written one, was ever made of this claim, and that the most that occurred in January was the recognition of the existence of the previous assignment. No words are found in the evidence which indicate an intent on the part of Davidson to make a present assignment oi his claim to the plaintiff, and had there not been a previous written one, we think no one would assert that any words used in January amounted to a transfer of the claim. This brings us to the consideration of the question whether an assignment by a sheriff of such fees as he may become entitled to receive from the state or county for public services thereafter to be rendered is valid. It is settled in this state that an assignment by a public officer of his unearned salary is contrary to public policy and void. (Bliss v. Lawrence, 58 N. Y. 442; Billings v. O'Brien, 4 Daly, 556; 45 How. Pr. 392; 14 Abb. [N. S.] 238.) The same rule is established in England and in some of the Hnited States. (Hill v. Paul, 8 Cl. & Fin. 295; Cooper v. Reilly, 2 Sim. 560; Wells v. Fooster, 8 M. & W. 149; Beal v. McVicker, 8 Mo. App. 202; Bangs v. Dunn, 66 Cal. 72; Pom. Eq. Juris. § 1276; Story’s Eq. Juris. [13tli ed.] § 1040 d; Greenhood Pub. Pol. rule 297.)

In Bliss v. Lawrence (supra), it was said: “ Salaries are, by law, payable after work is performed and not before, and while this remains the law, it must be presumed to be a wise regulation, and necessary, in the view of the lawmakers, to the efficiency of the public service. The contrary rule would permit the public service to be undermined by the assignment to strangers of all the funds appropriated to salaries. * * * If such assignments are allowed, then the assignees, by notice to the government, would, on ordinary principles, -be entitled to receive pay directly and to take the place of their assignors in respect to the emoluments, leaving the duties as a barren charge to be borne by the assignors. It does not need much reflection or observation to understand that such a condition