Wright & Co. v. Levy
California Supreme Court
Appeal from the Sixth District, County of Sacramento. This was an action brought in the Court below to set aside a judgment rendered therein in favor of John Jones., assignee of Marcus New-mark, and against Davis Levy, upon the ground of fraud, and for an injunction to restrain the collection of the same, etc. The bill of exceptions discloses the following facts : Davis Levy . executed and delivered a promissory note to Marcus Newmark.
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Appeal from the Sixth District, County of Sacramento. This was an action brought in the Court below to set aside a judgment rendered therein in favor of John Jones., assignee of Marcus New-mark, and against Davis Levy, upon the ground of fraud, and for an injunction to restrain the collection of the same, etc. The bill of exceptions discloses the following facts : Davis Levy . executed and delivered a promissory note to Marcus Newmark. The note was given without consideration, and for the purpose of hindering, delaying and defrauding the creditors of Levy. Newmark was cognizant of the fraud,…
1Opinion of the CourtBaldwin, J.
The answer of defendant Jones, denying all collusion with the plaintiff, in the judgment transferred to him, and asserting that he is a pur*262chaser in good faith and for value of the judgment, raises the question whether a chose in action, not negotiable by the law merchant—the chose having been procured or created by the immediate parties to it to defraud creditors—can be affected or impeached in the hands of any innocent assignee, by the creditors of the debtors making it. We think, with the learned Judge below, that it cannot. It is conceded that the assignee of the judgment is only the…
2Cited by18 opinions
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- Mohr v. ByrneCalifornia Supreme Court · 1901
- Duke v. ClarkMississippi Supreme Court · 1880
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