McAllister v. Strode

Citations

• 7 Cal. 428

Syllabus

<p>A party who seeks the benefit of the Insolvent Law, must comply strictly with its provisions.</p> <p>Where an insolvent was liable on a note made by S. to him, and by him endorsed to R., and by him over to M., and describes the same in his schedule, viz.: “ To R, I am contingently liable for one thousand dollars and interest, as endorser for one S., upon a promissory note, made and executed by said S. to said R.Held, that the description was insufficient, for inaccuracy, and that his discharge in insolvency is no bar to a recovery on the note.</p> <p>The petition in insolvency must state the name of each creditor, if known, and if unknown, such fact must be stated.</p>