Grow v. His Creditors

Citations

• 31 Cal. 328

Syllabus

<p>Statement of Losses in Insolvent’s Petition.—In a contest on the ground of fraud against an applicant for the benefit of the. Insolvent Law, the statement of the applicant in his petition as to his losses is not involved. If the statement of losses is vague and indefinite, the proper course is to move for a rule upon him to amend it.</p> <p>Charge of Fraud in Creditor’s Opposition to Insolvent’s Discharge.—If an objection is raa'de that the matters charged as fraud in a creditor’s written opposition to an insolvent’s discharge do not amount to fraud, the objection will be overruled if any of the charges are sufficient.</p> <p>Demurrer to Opposition to Insolvent’s Discharge.—An objection that matters charged as fraud in a creditor’s written opposition to an insolvent’s discharge do not amount to fraud, is equivalent to a demurrer.</p> <p>Estate in Expectancy within Meaning of Insolvent Law.—If an applicant for the benefit of the Insolvent Law holds an office from which he will derive future revenues, these revenues do not constitute an estate in expectancy, within the meaning of the statute, which the petitioner is bound to assign to his creditors.</p> <p>Allegation of Fraud in Opposition to Insolvent's Discharge.—An allegation, in an opposition to an insolvent's discharge, that the petitioner holds the office of County Treasurer, from which he will hereafter receive a large amount of money, and that he has fraudulently concealed such fact from his creditors, does not amount to an allegation of fraud.</p> <p>Gamblers entitled to Benefit of Insolvent Law.—Gamblers are not denied the benefit of the Insolvent Act, and their application therefor cannot be defeated on that ground.</p> <p>Charge of Fraud in Opposition to Insolvent’s Discharge.—An allegation in an opposition to an insolvent's discharge that he has collected debts since he filed his petition which were due him, and has failed to account for the money and pay it over to his assignee, amounts to a charge of