Burrill v. Robert Marsh & Co.

HAHN, J., pro tem.

Two cases involving the same questions are before us on appeal, one brought by A. W. Burrill, as trustee in bankruptcy of the Estate of United Finance Company, a corporation, and the other by Herman C. Smith [Smith v. Robert Marsh & Co., (Mem.) (31 Pac. (2d) 826)]. Robert Marsh & Company, Inc., and Robert Marsh were named defendants in each action. In the Smith case A. W. Burrill, as trustee in bankruptcy, appeared as intervener.

In the discussion that follows reference will be made to the one case wherein Burrill, as trustee, is plaintiff.

The controversy arises over a…