Binney v. San Dimas Lemon Assn.

CONREY, P. J., Dissenting.

I dissent. I agree with the decision on the first proposition, which is to the effect that ,the order requiring the receiver to collect from the San Dimas Lemon Association, and ordering that association to pay over to the receiver the money in question, was a void order. I disagree with the second proposition, which runs to the effect that the association having paid the money to the receiver may now use the fact of such payment as a defense against the plaintiff’s demand in the present action. It may be conceded that if the receiver had been actually seizing…