Holt Manufacturing Co. v. Thomas

Citations

• 69 Wash. 488
• 125 P. 772
• 1912 Wash. LEXIS 937

Syllabus

<p>Attachment — Grounds — Disposing of Property to Hinder Creditors—Evidence—Sufficiency. There is sufficient evidence to support an attachment on the ground that the debtors had disposed of their property with intent to defraud their creditors, where it appears that the debtors were insolvent, and owed four principal creditors $34,000, that they had property of the value of $24,000 to $30,000, all of which they transferred by absolute conveyances to a creditor whose claim was $5,000, who made inconsistent statements and claimed at first, according to several witnesses, that he took the property as security for his claim and a surety claim of $6,000, and afterwards offered to pay off other creditors who were not consulted; and there was evidence that the debtors’ purpose was to prevent the attaching creditor from carrying out threats to enforce its claim by suit; the fact that they intended to prefer a creditor, as claimed by them, not being sufficient to warrant a dissolution of the attachment, where it appears that they also intended to hinder and delay other creditors and that the preferred creditor aided therein.</p> <p>Appeal—Review—Hearing on Affidavits. Upon reviewing an order dissolving an attachment, the supreme court is not called upon to follow the findings of the lower court upon disputed questions of fact, where the hearing was entirely upon affidavits.</p> <p>Fullerton, J., dissents.</p>