Salisbury v. Burr

Citations

• 5 Cal. Unrep. 314
• 44 P. 461
• 1896 Cal. LEXIS 1108

Syllabus

<p>Insolvency—Fraudulent Transfers.—In Replevin, where defendant, as assignee of an insolvent debtor, allegés that the property was fraudulently transferred to plaintiff by the insolvent in order to defeat Ms creditors, special findings that plaintiff knew the debtor was insolvent at the time of the transfer, and that the transfer was made to prevent the property from coming into the hands of the assignee, and from being distributed among the creditors with a view to defeat the object of the California insolvent act of 1880, plaintiff having reasonable cause so to believe, but that the transfer was not made to give preference to any creditor, are sufficient to support a general verdict for the defendant under act of April 16-, 1880, section 55, relating to transfers by insolvent debtors.</p>