Anderson v. Risdon-Cahn Co.

Citations

• 13 Wash. 494
• 43 P. 337
• 1896 Wash. LEXIS 76

Syllabus

<p>APPEALABLE ORDER—INSOLVENCY—ELECTION OF REMEDIES BY CREDITOR —ASSETS OF INSOLVENT ESTATE—JUDGMENT AGAINST CREDITOR.</p> <p>An order requiring an assignee in insolvency to’report the condition of the estate and distribute its assets, and to treat, for the purpose of such distribution, a judgment recovered by him .against a creditor of the insolvent, as a cash asset in his hands, and to allow such creditor’s share of the estate as a payment thereon, is an appealable order under the appeal laws of this state as it is a final order affecting a substantial right.</p> <p>A creditor of an insolvent does not lose his right to a distributive share in the assets in the hands of an assignee, by attaching a portion of the property which passed to the assignee, under a bona fide belief that it was property of a firm of which the insolvent was a member, where such belief had sufficient foundation to induce the lower court to decide in accordance therewith, although its judgment was reversed.</p> <p>An assignee of an insolvent estate cannot, for the purpose of distribution, be required to treat as cash assets an uncollected judgment against a creditor of the insolvent, or against any other person. (Gordon and Scott, JJ., dissent].</p>