Rapp v. Whittier

Citations

• 113 Cal. 429
• 45 P. 703
• 1896 Cal. LEXIS 805

Syllabus

<p>Creditor’s Bill—Void Transfer—Assignment for Benefit of Other Creditors — Proceedings Supplementary to Execution.—A creditor’s bill will lie in favor of a judgment creditor, after the return of an execution unsatisfied, to set aside a void transfer of the personal property of his debtor, which was intended as an assignment for the benefit of other creditors, to the exclusion of the plaintiff; and, in such case, the plaintiff is not required to pursue the statutory remedy of proceedings supplementary to execution, such remedy not being adequate to reach the property in the hands of the transferee, who asserts title under the transfer adversely to the plaintiff.</p> <p>Id.—Consideration of Void Assignment—Findings.—Where the court finds facts showing that an attempted assignment was made for the ben- ■ efit of part of the creditors of a debtor, and is void under the statute governing assignment for the benefit of creditors, the question of the consideration of the assignment is immaterial, and no finding need be made thereon.</p>