Legal Opinion

Cox v. Dawson

Washington Supreme Court

Decided May 28, 1891No. 150PublishedCited by 11 opinions

Appeal from, Superior Court, Walla Walla County„ Action in attachment by Dawson against Cox. The eleventh and twelfth counts of the complaint alleged that defendant executed to plaintiff’s assignor certain notes, which were not due, but that nothing but time was wanting to fix an absolute indebtedness thereon, and that defendant had disposed of his property with intent to defraud his creditors. The answer denied that defendant had so disposed of his property.

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Appeal from, Superior Court, Walla Walla County„ Action in attachment by Dawson against Cox. The eleventh and twelfth counts of the complaint alleged that defendant executed to plaintiff’s assignor certain notes, which were not due, but that nothing but time was wanting to fix an absolute indebtedness thereon, and that defendant had disposed of his property with intent to defraud his creditors. The answer denied that defendant had so disposed of his property. No evidence was offered in support of this allegation of fraud, and the court rendered judgment for the amount of the notes. Defendant…

1Opinion of the Court

The opinion of the court was delivered by

Stiles, J.

— We find no material error in the record, under any of the points urged, excepting the seventh. The fifteenth paragraph of the answer raised no issue j so that all oí the amounts claimed stood confessed. The admission of the letter and the statement of indebtedness, if erroneous, was not materially so, as the assignments to Dawson were otherwise sufficiently proven. But the court erred in submitting the eleventh and twelfth causes of action to the jury.

*382The appellee, as owner and holder of two promissory notes which were not yet due, sought…

2Cited by11 opinions

  1. State v. CohenSupreme Court of Iowa · 1899
  2. Birken v. HickeySouth Dakota Supreme Court · 1920
  3. Timmerman v. Territory, Washington Territory1888
  4. Warwick v. ChaseCourt of Appeals of Maryland · 1865
  5. Augir v. ForesmanWashington Supreme Court · 1900

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