Schainman v. Dean

RUDKIN, Circuit Judge.

Section 3440 of the Civil Code of California provides that the sale, transfer, or assignment' of a stock in trade, in hnlk, or a substantial part thereof otherwise than in the ordinary course of trade, and in the regular and usual practice and method of business of the vendor, transferor, or assignor, and the sale, transfer, assignment, or mortgage of the fixtures or store equipment of a baker, cafe or restaurant owner, garage owner, machinist, or retail or wholesale merchant, will be conclusively presumed to be fraudulent and void as against the existing creditors of…