O'Brien v. Greenebaum
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Frau cisco, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtDe Haven, J.
The right of plaintiff to any part of the relief demanded in the complaint depends entirely upon the validity of the composition agreement referred to therein, and which the plaintiff asks to have adjudged fraudulent and void. If that agreement is to stand, then plaintiff, as a party thereto, is bound by its terms, and his claim against defendants Greenebaum and Straus, for their alleged conversion of his money and stocks, must be satisfied in the manner thereby provided. The plaintiff alleges that this agreement is fraudulent and void as to him, because certain of the creditors who signed it…
2Cases cited2 opinions
- Bank of Commerce v. HoeberSupreme Court of Missouri · 1885
- O'Shea v. Collier White Lead & Oil Co.Supreme Court of Missouri · 1868
3Cited by3 opinions
- Muth v. Educators Security InsuranceCalifornia Court of Appeal · 1981
- Powers Dry-Goods Co. v. HarlinSupreme Court of Minnesota · 1897
- In re ChaplinDistrict Court, D. Massachusetts · 1902