Legal Opinion

Matthews v. Chaboya

California Supreme Court

Decided March 6, 1896No. S. F. No. 63PublishedCited by 7 opinions

Appeal from a judgment of the Superior Court of Monterey County and from an order denying a new trial. 1ST. A. Dorn, Judge, The facts are stated in the opinion of the court.

1Opinion of the CourtGaroutte, J.

This is an action brought by the assignee of an insolvent debtor to set aside a transfer of certain personal property, to wit, a merchandise business, made within one month prior to the filing of a creditor’s petition in insolvency. The appeal is by the assignee from the judgment and order denying his motion for a new trial. The defendant was a creditor of the insolvent debtor, and took a transfer of the business in satisfaction of her debt. It is now claimed that that transfer was violative of section 55 of the Insolvent Act.

In order that plaintiff may set aside this transfer, and recover…

2Cases cited9 opinions

  1. Tapscott v. LyonCalifornia Supreme Court · 1894
  2. Ohleyer v. BunceCalifornia Supreme Court · 1884
  3. Bernheim v. ChristalCalifornia Supreme Court · 1888
  4. Godfrey v. MillerCalifornia Supreme Court · 1889
  5. Grunsky v. ParlinCalifornia Supreme Court · 1895

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3Cited by7 opinions

  1. In re Virginia Hardwood Mfg. Co.District Court, W.D. Arkansas · 1905
  2. Grant v. Powers Dry Goods Co.South Dakota Supreme Court · 1909
  3. Pierre Banking & Trust Co. v. WinklerSouth Dakota Supreme Court · 1917
  4. Bardes v. First National Bank of HawardenSupreme Court of Iowa · 1904
  5. In Re StrockCalifornia Supreme Court · 1900

2 more not listed; retrieve them via the Exa API.

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