Hass v. Whittier, Fuller & Co.

Citations

• 87 Cal. 613
• 25 P. 917
• 1891 Cal. LEXIS 1033

Syllabus

<p>Insolvency — Preference of Creditor — Recovery by Assignee — Pleading.—Unless it appears that an insolvent transferred his property to a creditor within one month before proceedings in insolvency were instituted, with the view or intention on his part to give preference to the creditor, it is immaterial what were the views or motives of the creditor in receiving the property, or what he suspected or believed as to the solvency of the debtor, and the property cannot be recovered from the creditor by the assignee, without an allegation in the complaint as to the intention of the insolvent debtor.</p>