Burke v. Koch
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from, an order refusing a new trial. The action was brought by the assignee in insolvency of Jacob Zech, to set aside an assignment of certain personal property, made by him to his brother-in-law, the defendant Jacob Koch, on the ground that the same was made for the purpose of hindering, delaying, and defrauding the creditors of Jacob Zech.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from, an order refusing a new trial. The action was brought by the assignee in insolvency of Jacob Zech, to set aside an assignment of certain personal property, made by him to his brother-in-law, the defendant Jacob Koch, on the ground that the same was made for the purpose of hindering, delaying, and defrauding the creditors of Jacob Zech. The property alleged to have been fraudulently assigned consisted of the stock in trade, tools, goods, wares, merchandise, and business of manufacturing and selling…
1Opinion of the CourtPaterson, J.
—Conceding that this action is, as claimed by appellant, an action of claim and delivery, it does not follow that the judgment is void or erroneous because not in the alternative. The court found that the defendants sold and disposed of a large portion of the property sued for, and appropriated the proceeds thereof. Under the findings of the court,—and the find*359ings are supported by the evidence,—the defendants stand as wrong-doers, as fraudulent assignor and fraudulent assignee. The defendant Zech, with the intent to hinder, delay, and defraud his creditors, made the assignment to his…
2Cases cited4 opinions
- Swinford v. RogersCalifornia Supreme Court · 1863
- Brown v. JohnsonCalifornia Supreme Court · 1872
- Whetmore v. RupeCalifornia Supreme Court · 1884
- Goodwin v. HammondCalifornia Supreme Court · 1859
3Cited by18 opinions
- Burtnett v. KingCalifornia Supreme Court · 1949
- Faulkner v. First National BankCalifornia Supreme Court · 1900
- Claudius v. AguirreCalifornia Supreme Court · 1891
- Rossen v. VillanuevaCalifornia Supreme Court · 1917
- Meisner v. McIntoshCalifornia Supreme Court · 1928
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