Sperry Flour Co. v. Strock

Citations

• 128 Cal. 658

Syllabus

<p>New Trial—Statement—Insufficient Specification.—A specification in the statement on motion for a new trial that “the evidence is wholly insufficient to justify or sustain said verdict, and, on the contrary, the evidence shows that said verdict should have been in favor of the petitioners,” is insufficient as a specification, and the objection to the insufficiency of the evidence must be disregarded.</p> <p>Involuntary Insolvency—Fraudulent Sale—Payment in Contemplation of Insolvency—Actual Fraud—Instructions.—Where a petition in involuntary insolvency alleged a sale to have been made by the defendant, being insolvent, with- intent to delay, defraud, and hinder his creditors, and a payment made by him in contemplation of insolvency, actual fraud is necessarily involved in both of the charges, and, upon a trial by jury of issues joined thereupon, an instruction that the question involved is one of legal fraud upon the insolvency law, rather than fraud in fact or fraud upon the creditors, is properly refused.</p> <p>Id.—Preference of Creditor by Debtor.—A debtor, whether insolvent or not, may prefer any one of his creditors, provided he does not do so to hinder, delay, or defraud his creditors, or in contemplation of insolvency.</p> <p>Id.—Questions for Jury—Insolvency—Contemplation by Debtor.— Upon the trial of the issues joined upon the petition of the creditors, an instruction that if the jury believed that the defendant was not insolvent within the meaning of the insolvency law of the state at the time of the filing of the petition, and did not contemplate insolvency prior to that date, they should find in his favor, is correct.</p>