Meyer v. Tully

Citations

• 46 Cal. 70

Syllabus

<p>When Judgment Ought Not to be EnfobcedI— If a judgment is rendered in favor of one person in trust for others, upon claims assigned to him by such other persons, without consideration, and the beneficial owners of the judgment acknowledge satisfaction of the judgment, the trustee, if insolvent, ought not to enforce collection of the judgment by execution, even if the beneficiaries have not been paid. The same is the rule with regard to an assignee of the judgment, if he took the assignment with notice of the rights of the beneficial owners.</p> <p>Enjoining Judgment.—If a person in whose favor a money judgment is rendered in trust for others undertakes to enforce it by execution, after the beneficial owners have acknowledged satisfaction of it, equity will restrain the collection of the judgment, even if the beneficial owners have not been paid.</p>