Assignment-Rights of assignor's creditors=-Whether an irrevocable 'procu~a-
tion to pay money to a third party is an assignment 'Or a request to pay

                .JiJ 'fln agent                                                                           

• Court: Bell CJ., Hamilton-Grierson and David-Davis JJ.

The defendant Urrew.ocably instructed itbc ftI~1ic W.om De~
with whom he I}ad :a building .c:ontiact. to pay all moneys 4ue him to •
third person. The JP}3mtiff obtained :a judgement qainst the defendant._
applied for Ithc attacbment of any money ew:ed .ey the Public Works De-
partment to the defendant. The Court Qf Appe.al hetd for the plain~.
finding that there had 'been no 'assignment, but only payment to the thir~
person as an agent.

Appeal

June 16, 1928. Bell C.J.: On November 1, 1927, Amin Salib
entered into a building contract with the Public Works Department.
Subsequently, apparently on November 9, 1927; Amin Salib addressed
a letter to the Divisional Engineer, Public Works Department, stating
"I hereby authorize you to pay all moneys from time to time due
to me in connection with my contract No: 208 . . . to Ayad Abdel
Malik." "Nothing herein contained shall be deemed to' create any"
liability or obligation on your part towards A vad .Abdel Malik or any
other person whether claiming .through or under him Dr not." On
December 17, 1927, the divisional engineer wrote to Ayad Abdel
Malik, "I have received from Amin Salib a procuration for payment
of all monies due to him under his contract ND. 208. . . . This pro-:
curation is however liable to revocation by Amin Salib." On Decem-
ber 19, 1927, Amin Salib wrote to the Divisional Engineer "I ... re-
quest YDU to kindly consider that the procuration. signed by me . . .
is not liable to revocation by me." On December .27, 1927, Abbas
Wannan, a judgement creditor of Amin Salib, applied for the attachment
of any money owing to the judgement debtor by the Public Works De-
partment.

The question for decision is this appeal is whetner monies due
from the Public Works Department to Amin Salib under the contract are
liable to attachment. The appellant contends.' that there is a valid
assignment of the monies.

It is not necessary here to consider whether this sort of debt is
assignable under the law in force in the Sudan; Dr what formalities the
law requires for a valid assignment, for, in my opinion, it is perfectly
clear that there was no intention on the part of the persons concerned.
to make an assignment. The document of .November 9, .1927, on its-

, face is a request to pay to an agent and nothingmore; it is referred
to throughout as a procuration and its concluding words make it clear
that there was no intention that the ordinaty 'relations between an
assignee and the holder of the fund should come into existence, My