Patrick v. Montader
California Supreme Court
Appeal from the Twelfth District. Sandrie & Lange, Grocers in San Francisco, failed December 1,1857, having been in business about two years. On that day Alfred de Montader brought suit against them in the Twelfth District Court, on their note to him for fifteen thousand and eighty dollars, and attached their stock in trade. On several subsequent days various other creditors also levied attachments on the same stock.
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Appeal from the Twelfth District. Sandrie & Lange, Grocers in San Francisco, failed December 1,1857, having been in business about two years. On that day Alfred de Montader brought suit against them in the Twelfth District Court, on their note to him for fifteen thousand and eighty dollars, and attached their stock in trade. On several subsequent days various other creditors also levied attachments on the same stock. In due time judgments by default were entered in favor of the creditors, and the stock was sold for about seven thousand dollars, under execution upon the judgment of De…
1Opinion of the CourtBaldwin, J.
Field, J. and Terry, C. J. concurring.
Bill filed to subject the proceeds of certain goods to the plaintiff’s claim, he being an attaching and judgment creditor of defendants, Sandrie & Lange. One Montader, had procured attachment on a largo debt claimed to be due from these last defendants. The bill charges that this debt was simulated 3 the referee and the Court below find that it was. There was a good deal of conflicting proof on the trial. The counsel for the representatives of this claim have made a very plausible and forcible argument, impeaching the propriety of the finding that the…
2Cited by17 opinions
- Miller v. KehoeCalifornia Supreme Court · 1895
- Bell v. FitzCourt of Appeals of Georgia · 1951
- Heffernan v. Bennett & ArmourCalifornia Court of Appeal · 1952
- Schroeder v. MauzyCalifornia Court of Appeal · 1911
- May v. GesellschaftIllinois Supreme Court · 1904
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