Menke v. Lyndon

Citations

• 124 Cal. 160
• 56 P. 883
• 1899 Cal. LEXIS 962

Syllabus

<p>Assignment for Benefit of Creditors—Election of Assignee—Major- , tty of Demands Represented—Construction of. Code.—At a meeting of creditors for the election of an assignee under, an assignment for the benefit of creditors held in pursuance of the provisions of section 3449 of the Civil Code, as amended in 1895, providing that “a majority in amount of demands present or represented by proxy shall control all questions and decisions,” no assignee can be elected who does not receive such a majority, and the claims of creditors present and failing to vote must be counted against the person receiving the highest number of votes in determining whether he has received a majority.</p> <p>Id.—Representation of Creditor by Proxy—Power of Attorney— Sworn Statement'of Demand.—A power of attorney from a foreign creditor authorizing an agent in this state to protect in every respect the interests of the creditor in all parts of the United States, and to act in his name for that purpose, to collect debts, bring actions, and do everytliing necessary with reference to claims in dispute, entitles the agent to represent the claim of such creditor by proxy in the election of an assignee for benefit of creditors; and such agent may make a statement under oath as to the amount of the demand represented by him, which the sheriff must accept as correct for the purpose of voting.</p> <p>Id.—Injunction—Affidavits—Denial of Indebtedness for Want of Information or Belief.—For purposes of evidence no weight can be allowed to an affiant’s denial based on the want of information or belief as to the fact denied.</p> <p>In.—Pleading—Representation of Creditors.—The complaint of the creditor seeking such injunction need not allege that the action is prosecuted for the benefit of all the creditors.</p>