Flaks, Inc. v. Deberry

Kimball, Justice.

This is an appeal from an order discharging an attachment in an action by a creditor to recover the amount of the debt and to set aside an alleged fraudulent conveyance of the attached property.

The plaintiff is Flaks, Inc., a wholesaler. The defendants are Charles DeBerry, George DeBerry, and the administrators of the estate of Athon Vassos, deceased. The theory of the plaintiff, as shown by the petition, is that Charles and George DeBerry were co-partners, doing business under the name of Laramie Candy Kitchen, and buying merchandise of plaintiff on open running account…