Bernheim v. Christal

Citations

• 76 Cal. 567
• 18 P. 683
• 1888 Cal. LEXIS 935

Syllabus

<p>Insolvency—Confession of Judgment—Preference of Creditor.— The confession of judgment by an insolvent debtor will not alone sustain a suit by the assignee of the insolvent debtor to set aside a lien acquired under execution upon the judgment, if the creditor did not know of the insolvency, or of the existence of other claims against the debtor, and had no design to secure a preference over other creditors.</p> <p>Id.—Transfer out of Course of Business—Fraud. — A transfer by an insolvent debtor not made in the usual and ordinary course of business is only prima fade evidence of fraud, and may be overcome by proof that the creditor acted in good faith, without knowledge of the insolvency, and without intent to-secure a preference over other creditors.</p> <p>New Trial — Conflicting Evidence. —An order granting a new trial will be affirmed when the evidence is conflicting.</p>