Clapp v. Orix Credit Alliance, Inc.

Laser Express (defendant) transferred its interest in a tractor-purchase contract to Clapp (plaintiff) without the written consent required by its financing agreement with Orix Credit Alliance (defendant), which prohibited assignment without prior consent. After the tractor was destroyed and the resulting insurance payment to Orix exceeded the balance owed by $9,950.39, Clapp claimed the excess belonged to her, but Orix issued the check to Laser instead; Clapp sued both for conversion, and the trial court granted Orix summary judgment, holding the assignment did not entitle Clapp to the insurance proceeds.