Legal Opinion

Washburn v. Huntington

California Supreme Court

Decided April 17, 1889No. 12666PublishedCited by 19 opinions

Appeal from a judgment of the Superior Court of Sacramento County, and from an order refusing ’a new trial. The action was brought by the assignee in insolvency of an insolvent debtor, to recover certain personal property which the debtor had transferred to the defendants. The insolvent, A. F. Jones, had been engaged in business as a blacksmith, and the defendants, wholesale dealers in iron, had sold him goods for a period of about two years prior to his insolvency.

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Appeal from a judgment of the Superior Court of Sacramento County, and from an order refusing ’a new trial. The action was brought by the assignee in insolvency of an insolvent debtor, to recover certain personal property which the debtor had transferred to the defendants. The insolvent, A. F. Jones, had been engaged in business as a blacksmith, and the defendants, wholesale dealers in iron, had sold him goods for a period of about two years prior to his insolvency. At the time of the transfer in question, the insolvent owed the defendants about $360 for goods sold him by them. The evidence…

1Opinion of the CourtThornton, J.

—This action is brought by the plaintiff, as assignee in insolvency of .one Jones, to recover certain book-accounts transferred by Jones to the defendants on the 27th of July, 1886. The transfer was made by orders drawn by Jones on his debtors in favor of defendants. Within less than one month after the transfer, viz., on the twenty-third day of August, 1886, Jones filed his petition in insolvency, and on the same day was declared an insolvent.

*575The ground on which a recovery in the action was urged-is, that the defendants, when they received and accepted the transfer above mentioned, had…

2Cases cited2 opinions

  1. Berson v. NunanCalifornia Supreme Court · 1883
  2. Ohleyer v. BunceCalifornia Supreme Court · 1884

3Cited by19 opinions

  1. Dixon Lumber Co. v. PeacockCalifornia Supreme Court · 1933
  2. Riciotto v. ClementCalifornia Supreme Court · 1892
  3. Hynes v. BarnesMontana Supreme Court · 1904
  4. Roberts v. BurrCalifornia Supreme Court · 1901
  5. Etchepare v. AguirreCalifornia Supreme Court · 1891

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