Cosh-Murray Co. v. Bothell

The opinion of the court was delivered by

Stiles, J.

The appellants, George and John Bothell, were partners under the firm name of Bothell Bros., and found it *315necessary to make an assignment of their property for the benefit of their creditors. The respondent presented its claim to the assignee, but the appellants protested against its allowance, in whole or in part. Whereupon the respondent withdrew its claim and brought suit, upon which it obtained a judgment.

One of the defenses to the action was the insolvency of the appellants’ firm, which was pleaded as a bar to the action. We are of the…