Judson v. Atwill

Citations

• 9 Cal. 477

Syllabus

<p>Where there is a misdescription of a note, and a want of specification of the name of the real owner, or of any averment that his name is unknown, in the schedule of an insolvent, the proceedings in insolvency are no bar to a suit on the note, even if the insolvent did not know that the plaintiff was the real creditor.</p> <p>The requirements of the Insolvent Law must be strictly followed $ a failure to comply with its provisions, will deprive the petitioner of its benefits.</p> <p>If an insolvent does not know the name of the owner of notes executed by him, he must state that circumstance in his schedule. In a suit on the notes, the absence of such statement can not be obviated by proof at the trial.</p>