Bull v. Houghton

Citations

• 65 Cal. 422
• 4 P. 529
• 1884 Cal. LEXIS 582

Syllabus

<p>Fleadins—Aepointhent oe Assiqnee in Insolvency—Jobisdiotion.—Where an action is brought by an assignee in insolvency, his appointment is sufficiently alleged by an averment that he was appointed by an older of the proper court duly given and made; it is not necessary to allege that notice to creditors was given before the appointment, or that they failed to act, or that the assignee was competent to be appointed.</p> <p>Id.—Demand.—A demand for the repayment of money paid by an insolvent in fraud of Ms creditors need not be made by his assignee before the commencement of an action for its recovery.</p> <p>Id.—Duty of Assionee.—An assignee in insolvency may recover by suit any moneys paid in fraud of creditors, notwithstanding the pendency of bankruptcy proceedings under the laws of the United States, and although no creditors proved their'claims other than such as existed prior to the adjudication in bankruptcy.</p>