Dunham Bros. v. Gordon

This is an action of contract brought in the District Court wherein the plaintiff summoned one Max Leavitt as trustee. The alleged trustee answered, no funds. Later the defendant was defaulted and judgment was entered for the plaintiff.

The plaintiff filed interrogatories to the alleged trustee. The alleged trustee’s answers to the interrogatories disclosed that on May 13, 1932, the defendant in the writ had executed and delivered to the alleged trustee a deed of trust of “Men’s clothing and furnishings” for the benefit of his creditors; that the appraised value of such merchandise and…