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Portuguese-American Bank v. Welles, 242 U.S. 7 (1916)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Portuguese-American Bank v. Welles, 242 U.S. 7 (1916)
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Portuguese-American Bank v. Welles No. 45 Argued October 27, 1916 Decided November 13, 1916 242 U.S. 7
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
A provision in a contract between the City of San Francisco and a construction company declaring that the company shall not, either legally or equitably, assign any moneys payable thereunder or its claim thereto, unless with the consent of the Board of Public Works, does not render absolutely void an assignment of money due and payable under the contract, made by the contractor to a bank for valuable consideration but without such consent, nor prevent the passing of a prior title as against the right of a subcontractor who subsequently took the steps prescribed by § 1184 of the California Code of Civil Procedure for the sequestration of the same indebtedness, it appearing that the city did not object to the assignment or favor either claimant. Burck v. Taylor, 152 U.S. 634, distinguished.
211 F. 561, 215 F. 81, reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Portuguese-American Bank v. Welles, 242 U.S. 7 (1916) in 242 U.S. 7 242 U.S. 8–242 U.S. 9. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=931VC1A96BCBASW.
MLA: U.S. Supreme Court. "Syllabus." Portuguese-American Bank v. Welles, 242 U.S. 7 (1916), in 242 U.S. 7, pp. 242 U.S. 8–242 U.S. 9. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=931VC1A96BCBASW.
Harvard: U.S. Supreme Court, 'Syllabus' in Portuguese-American Bank v. Welles, 242 U.S. 7 (1916). cited in 1916, 242 U.S. 7, pp.242 U.S. 8–242 U.S. 9. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=931VC1A96BCBASW.
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