· 11/12/1897

In re Nichols' Estate

Citations

  • 5 Cal. Unrep. 856
  • 50 P. 1072
  • 1897 Cal. LEXIS 979

Syllabus

<p>Insolvency—Liability of Assignee.—An assignee of an insolvent who has acted in good faith and with reasonable care will not be held liable for mistakes of judgment.</p> <p>Insolvency—Sale Bn Masse.—The Proper Remedy, where personal property is sold by an assignee of an insolvent en masse, and would have brought a larger price if sold in parcels, is to move the court to set aside the sale.</p> <p>Insolvency.—An Assignee of an Insolvent cannot be Charged with the difference between what the property brought and what the court held it would have brought if sold in parcels, if he acted in good faith and with reasonable care.</p>

Judges: Haynes, Henshaw, McFarland, Temple

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