Legal Opinion

Cohen v. Barrett

California Supreme Court

Decided July 1, 1855PublishedCited by 10 opinions

Appeal from the Superior Court of the City of San Francisco. Action brought on certain promissory notes, of which the defendants were indorsers. The plaintiffs sued as the assignees of iñsolvent debtors, and proved their title to the notes in suit, through the proceedings of I. C. Woods and Adams & Co. against their creditors, in insolvency.

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Appeal from the Superior Court of the City of San Francisco. Action brought on certain promissory notes, of which the defendants were indorsers. The plaintiffs sued as the assignees of iñsolvent debtors, and proved their title to the notes in suit, through the proceedings of I. C. Woods and Adams & Co. against their creditors, in insolvency. It was admitted that the firm of Adams & Co., of which I. C. Woods was a general partner, were engaged at the time of filing their petition in insolvency, in the business of express men and bankers, and that a large proportion of the indebtedness set…

1Opinion of the CourtMurray, C. J.

Bryan, J., concurred.

Before proceeding to examine the questions raised in this case, we think it but justice to commend the able manner in which the cause has been presented to our consideration.

It is not our purpose to examine the various points which have been argued at bar, but to come at once to a single inquiry, which we consider the turning point of the case, and decisive of the whole controversy ; that is, the right of the appellant to go into insolvency in re - lation to debts contracted as a banker.

*209For this purpose, our statute, though not strictly speaking a Bankrupt law, may be…

2Cited by10 opinions

  1. Garrigus v. Board of CommissionersIndiana Supreme Court · 1872
  2. Forman v. Sewerage & Water BoardSupreme Court of Louisiana · 1907
  3. People ex rel. Grow v. RosboroughCalifornia Supreme Court · 1866
  4. L. B. Frankel & Co. v. CreditorsNevada Supreme Court · 1887
  5. Adams v. HaskellCalifornia District Court · 1857

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