Meherin v. Saunders

Citations

• 6 Cal. Unrep. 279
• 56 P. 1110
• 1899 Cal. LEXIS 1148

Syllabus

<p>Insolvency—Enforcement of Bid—Setoff.—In an Action by an assignee in insolvency to enforce the payment of an amount bid for property of the insolvent at a constable’s sale defendant may set off his claim for money borrowed from him by the insolvent, which had been filed and proved against the insolvent’s estate.</p> <p>Insolvency—Action to Enforce Bid—Setoff—Estoppel.—The fact that a creditor of an insolvent had filed and proved his claim against the estate, and accepted a dividend based on the entire amount, does not estop him from setting off such claim, in an action by the assignee to enforce payment of a bid for property of the insolvent sold at constable’s sale.</p>