Godfrey v. Miller

Citations

• 80 Cal. 420
• 22 P. 290
• 1889 Cal. LEXIS 933

Syllabus

<p>Insolvency—Transfer not in Usual Course of Business — Fraud.— A transfer of property made by a debtor to bis creditor, not in the usual and ordinary course of business, is prima Jacte fraudulent within the meaning of the insolvency act, and is sufficient to charge the transferee with notice of the insolvency of the transferrer.</p> <p>Id.—Transferee when Charged with Notice of Transferrer’s Insolvency. —• A transfer of a horse and buggy, made by a debtor to his creditor on a Sunday, and accepted by the latter without trying the horse, and with knowledge that the debtor’s other property had been attached on the preceding day, and that another attachment was expected to be made on the following day, is not in the usual and ordinary course of business; and the transferee, under such circumstances, will be charged with notice of the transferrer’s insolvency, and with an intent to hinder, delay, and defraud other creditors of the transferrer.</p> <p>Id. — Payment of Indebtedness Arising from Fiduciary Relation. — The transfer is not relieved of its fraudulent character by the mere fact that it was made in part payment of an indebtedness due to the transferee fy moneys held by the transferrer in a fiduciary capacity.</p>