Cunningham v. Mitchell

Citations

• 126 Wash. 294
• 218 P. 386
• 1923 Wash. LEXIS 1194

Syllabus

<p>Bankruptcy (7) —Fraudulent Transfers — Evidence — Sufficiency. Conveyances by a failing debtor to his attorney of property worth $6,000, in consideration of an indebtedness of $250, and an indefinite agreement for future services, constitute a fraudulent preference under the bankruptcy act.</p> <p>Same (18) — Actions by Trustees — To Set Aside Fraudulent Transfer — Proper Party Plaintiff. A trustee in bankruptcy may prosecute an action to set aside conveyances made in fraud of creditors prior to the four months’ period although there is only one creditor with an allowed claim who could have been defrauded.</p> <p>Same (18) — Actions by Trustee — Condition Precedent. An action by a trustee in bankruptcy to set aside a fraudulent conveyance is not prematurely commenced because begun before an actual formal allowance of any claim against the bankrupt', where a claim had been actually filed resting upon a formal unsatisfied Judgment.</p> <p>Same (18) — Actions by Trustee — Pleadins. The fact that the complaint did not allege insolvency at the time of making the conveyance is immaterial where there was no demurrer and the issue was raised and tried out.</p>