Kullman v. Greenebaum
California Supreme Court
Appeal from an order of the Superior Court of the city and county of San Francisco denying a new trial. The action was brought to recover the sum of eighteen thousand dollars for the conversion by the defendants of mining stocks belonging to the plaintiffs valued at that sum, which the defendants refused to deliver to the plaintiffs upon demand made upon them on the second day of December, 1886. The complaint alleges that thereafter, on the tenth day of December, 1886, they…
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Appeal from an order of the Superior Court of the city and county of San Francisco denying a new trial. The action was brought to recover the sum of eighteen thousand dollars for the conversion by the defendants of mining stocks belonging to the plaintiffs valued at that sum, which the defendants refused to deliver to the plaintiffs upon demand made upon them on the second day of December, 1886. The complaint alleges that thereafter, on the tenth day of December, 1886, they were fraudulently induced to sign a pretended composition of the creditors of the defendants, which was fraudulent and…
1Opinion of the CourtMcFarland, J.
The main question in this case is about the validity of a composition deed, by which the respondents and the other creditors of appellants agreed to receive pro rata the proceeds of the sale of appellants’ assets, and thereupon to release them from all claims and demands. Respondents contend that said agreement is invalid, because a fraudulent preference was given to certain of the creditors who signed it, and the court below so found. The court found as facts, that *405some of the creditors at first refused to sign the agreement, and that, to induce them to sign, “ some of the relatives and…
2Cases cited1 opinion
- Solinger v. . EarleNew York Court of Appeals · 1880
3Cited by8 opinions
- Reynolds v. Pennsylvania Oil Co.California Supreme Court · 1907
- Muth v. Educators Security InsuranceCalifornia Court of Appeal · 1981
- Pioneer Minerals Corp. v. Larabie Bros. Bankers, Inc.Montana Supreme Court · 1935
- Ackerman v. MadduxNorth Dakota Supreme Court · 1913
- Collingsworth v. KingCourt of Appeals of Texas · 1955
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