Hurlburt v. Jones

Citations

• 25 Cal. 225

Syllabus

<p>Evidence.—It is not error for the Court to reject testimony offered by the plaintiff to prove allegations of the complaint which are admitted by the answer. ,</p> <p>Sole Trader.—If a husband arranges with his wife that she engage in business as a sole trader for the mere purpose of shielding their joint earnings against the existing and subsequent creditors of the husband, and with the understanding between them that the property used in or acquired by the business shall belong to both, and the husband have power to dispose of it, this is a fraud upon the creditors, and the property is liable for the husband’s debts.</p> <p>Same.—If a husband embarrassed with debt makes a settlement upon or conveys to his wife, as sole trader, property, for the purpose of delaying or defrauding his creditors, the conveyance is void.</p> <p>Findings of Fact.—If the findings of fact of the Court below are defective, and no objection is taken to them on that ground in the Court below, the objection cannot be raised in the Supreme Court.</p>