Watterman, Star & Co. v. Silberberg

Stayton, Associate Justice.

It appears that Sam Marks, on October 27, 1885, was indebted to a large number of persons, and that George Silberberg was security for the most of this indebtedness. On that day Marks executed an instrument which acknowledged his indebtedness to several persons and firms, who held debts for which Silberberg was security, whereby he declared that he sold and conveyed a stock of goods, accurately described, to Silberberg.

*102The instrument empowered Silberberg to sell the goods and to apply the proceeds to the payment of enumerated debts, one due to Silberberg and the…