Oscar Wirkkala v. Wirkkala Bros. Logging Co.

Citations

• 109 Wash. 137
• 186 P. 315
• 1919 Wash. LEXIS 970

Syllabus

<p>Corporations (224) — Receivers — Powers ■— Representation op Creditors. As the receiver of an insolvent corporation represents the creditors, he may avoid a transaction whereby the corporation had given a bill of sale in fraud of creditors and taken back a lease of donkey engines which in fact belonged to the corporation.</p> <p>Receivers (72)—Remedies op Receiver in Receivership Proceedings. Where the receiver of an insolvent corporation had a right, on behalf of creditors, to avoid a bill of sale and lease made in fraud of creditors, and all the parties are before the court upon an order to show cause why he should not deliver the property pursuant to the fraudulent bill of sale, he may interpose the fraud by way of an affirmative defense, and the court has jurisdiction to determine the merits without resort to an independent action.</p>