Morgentham v. Harris
California Supreme Court
Appeal from the County Court of the City and County of San Francisco. This was an action of assumpsit, originally commenced in a Justice’s Court. The facts are as follows: On the fourth of May, 1857, the defendant, Harris, being indebted to Tandler & Co., executed to them a certain instrument, which, after giving a schedule of goods, reads as follows : “ The above mentioned goods, amounting to 11,912.96, I have delivered into the possession of Messrs.
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Appeal from the County Court of the City and County of San Francisco. This was an action of assumpsit, originally commenced in a Justice’s Court. The facts are as follows: On the fourth of May, 1857, the defendant, Harris, being indebted to Tandler & Co., executed to them a certain instrument, which, after giving a schedule of goods, reads as follows : “ The above mentioned goods, amounting to 11,912.96, I have delivered into the possession of Messrs. Tandler & Co., to be sold at public auction, and the proceeds thereof to be applied in payment of their claim against me, and any surplus over…
1Opinion of the CourtField, J.
The assignment by Harris to Tandler & Co., was made to secure his indebtedness to them, and there is no pretense that it was fraudulent in fact. Nor was it in contravention of the statute, which prohibits assignments by insolvent debtors for the benefit of creditors. Harris was not insolvent at the time of its execution; at least there is no evidence in the record that he was. If such were the fact, it should have been afSrmatively shown by the appellant who contested the validity of the assignment. His insolvency could not be presumed from the language of the instrument, and the surplus…
2Cited by9 opinions
- Rush v. FrenchArizona Supreme Court · 1874
- Johnson v. J. M. Robinson & Co.Texas Supreme Court · 1887
- Miller v. KeeganCalifornia Court of Appeal · 1949
- Sucesión del Rosario v. RosalySupreme Court of Puerto Rico · 1919
- Ibáñez v. DiviñóSupreme Court of Puerto Rico · 1917
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