Cerf, Schloss & Co. v. Wallace

Citations

• 14 Wash. 249
• 44 P. 264
• 1896 Wash. LEXIS 349

Syllabus

<p>ASSIGNMENT FOE BENEFIT OF CBEDITOBS — AVOIDANCE FOB FEAUD —SUFFICIENCY OF ANSWER-ESTOPPEL — ACCEPTANCE OF DIVIDENDS-</p> <p>ASSIGNMENT BY INSOLVENT COEPOEATION.</p> <p>Appellant cannot complain that the answer of respondent was insufficient to raise any question of election or estoppel, although the allegation in that respect was somewhat vague, where no motion was addressed to it, and appellant’s reply showed that he was fully advised as to the position of the respondent, and could not have been misled by the pleading.</p> <p>Where a creditor accepts a dividend under an assignment for the benefit of creditors, he will not afterwards be allowed to impeach the assignment in order to render the assets covered thereby liable to execution for his debt.</p> <p>An insolvent corporation in this state may make a common-law assignment, although it cannot make a statutory assignment.</p>