Gainsboro v. Hermanson

The theory of this action is that the defendant as assignee of the plaintiff for the benefit of creditors received from the plaintiff certain property later converted into cash and certain money in addition for his services and expenses; that the defendant settled with all but two of the creditors, and that because these two creditors would not become parties to the assignment the defendant had remaining in his hands $1313.50, which he ought to pay back to the plaintiff. In defence he says in substance that outside of his duties as assignee, at the request of the plaintiff, he made certain…