McPherson v. Parker
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. The Court overruled the demurrer, and plaintiff recovered judgment. The defendants appealed from the judgment. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Shafter, J.:
The complaint alleges an assignment by one Matthews to defendants for the benefit of the creditors of the assignor— some twenty in number—and of whom the plaintiff was one. By the terms of the trust as set forth, the property was to be sold by the trustees, and the proceeds divided among the creditors pro rata. It is averred that the whole of the *457property has been sold and that the proceeds have been collected and are now held by defendants; that the debt of the plaintiff is one thousand four hundred and twenty-four dollars and eleven cents, and that the defendants…
2Cited by19 opinions
- Bank of California v. Superior CourtCalifornia Supreme Court · 1940
- Mitau v. RoddanCalifornia Supreme Court · 1906
- Bowles v. Superior CourtCalifornia Supreme Court · 1955
- Greif v. DulleaCalifornia Court of Appeal · 1944
- Miracle Adhesives Corp. v. Peninsula Tile Contractors' Ass'nCalifornia Court of Appeal · 1958
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