It  was  held,  however,  that  he  acquired  no  lien,  because  he  was
never  given  control  of  the  funds  to  be  received  from  the  bonds.8
Upon  this  point  Mr.  Justice  Field  said :  "  Before  there  can  arise
any  lien  on  the  funds  of  the  employer,  there  must  be,  in  ad-
dition to  such  express  promise  upon  which  the  contractor  relies,
some  act  of  appropriation  on  the  part  of  the  employer  depriv-
ing himself  of  the   control  of  the  funds,  and   conferring  upon

1  Wright  t>.  Ellison,  1  Wall.  1ft ;  Chriit-  Najtor,  1  Hill,  S83  ;  Hanselt  v.  Vilowur,  1

maa  v.   Rua-eli,    14   Wall.  69;  Trtat  ».  Abb.  N.  CMS.  affirmed  76  N.  T.  630;

Child,  SI   Wall,  441 ;  Dillon  o.  Barnard,  Wood  v.  Mitchell,  IT  H.  Y.  Snpp.  788.
SI   Willi.  430;    Williama  ■>.  Ingrnol],  89  *  Rogtra  v.    Housed,    18   Wend.   Ill;

N.  T.  508;  Rogers  i>.  Hoaack,  18   Wend.  Hojt  v.  Biorr.3  Barb.  MS.
SI9,  rercnitig  6  Paige,  415  ;  Morion  v.  *  Dillon  ».  Barnard,  SI  Wall.  490.
84


3igitizeC  by  GOOgle


ARISING  BT   EQUITABLE   ASSIGNMENTS.  [§§  49,  50.
the  contractor  the  right  to  have  them  applied  to  his  payment
when  the  services  are  rendered  or  the  materials  are  furnished.
