Legal Opinion · Dissent

Williams v. Davidson

Washington Supreme Court

Decided November 27, 1918No. 14991Published

Appeal from a judgment of the superior court for King county, Allen, J., entered August 8, 1918, upon findings in favor of the defendant, dismissing on the merits an action to set aside a fraudulent transfer of corporate assets, tried to the court.

1DissentChadwick, C. J.

(dissenting) — Upon a rehearing En Banc a majority of the judges incline to our former opinion. I concurred in that opinion, but I am now convinced that the court fell into error. While there is nothing that I can say that will change the result, I feel it to be my duty to explain why I think we were wrong in the beginning,and why it is wrong to adhere to our opinion.

I am willing to subscribe to the trust fund doctrine, which this court has affirmed without material qualification, and vigorously, since Thompson v. Huron Lumber Co., 4 Wash. 600, 30 Pac. 741, 31 Pac. 25; but the trust fund…

2Cases cited2 opinions

  1. Thompson v. Huron Lumber Co.Washington Supreme Court · 1892
  2. Friend v. Rosenfeld-Rovig Co.Washington Supreme Court · 1915

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