White v. Beer

Citations

• 105 Cal. 9
• 38 P. 513
• 1894 Cal. LEXIS 1100

Syllabus

<p>Appeal—Review of Conflicting Evidence.—The findings of the trial court will not be set aside upon appeal for insufficiency of the evidence to support them when there is a substantial conflict in the evidence. Settlement of Insolvent with Creditop.s—Transfer of Assets to Sureties upon Note—Refusal of Payee to Release Debtor—Frauds.— Where an insolvent debtor has turned over all assets to two sureties upon a note of the debtor, in consideration that such sureties shall pay all indebtedness of the insolvent, including the note upon which they were sureties, the refusal of the holder of the note to release the debtor therefrom does not operate as a fraud upon the other creditors who consented to release the insolvent, and to accept the assignees of the defendant as sole debtors, and the note may be enforced against the principal debtor.</p>