Whitehouse v. Nelson

Citations

• 43 Wash. 174
• 86 P. 174
• 1906 Wash. LEXIS 675

Syllabus

<p>Fraudulent Conveyances — Sales in Bulk — Partnership Prop, erty — Creditor oe Individual Partner. A sale by a co-partnership of its stock in trade without complying with the sales-in-bulk act is not fraudulent as to the holder of individual notes of one of the partners, made before the copartnership was formed; since the holder was not a creditor of such copartnership, and the sales-in-bulk act only requires a list of the firm creditors.</p> <p>Same — Waiver—Acceptance oe Part Payment and Settlement. Where a partnership was indebted upon a note, and formed a trading corporation, to which all the stock in trade was transferred without complying with the sales-in-bulk act, the holder of the note cannot claim that the sale was fraudulent as to him, ás a creditor of the partnership, for noncompliance with the sales-in-bulk act, where it appears that he had accepted from the corporation a guarantee of the note, and also payments thereon, and after insolvency of the corporation had compromised his claim with the receiver with the approval of the court, the settlement being conclusive and the judgment being res adjudicata as to him.</p> <p>Garnishment — Costs—Attorney's Fee oe Garnishee. Bal. Code, § 5413, providing for a reasonable attorney’s feet for the garnishee to be taxed with the costs, against the plaintiff or defendant respectively, if discharged on the answer or if the answer was not controverted, and providing for “costs” to abide the result if the answer is controverted, entitles the garnishee to recover the attorney’s fee and costs in all cases when discharged from liability, whether on the answer or hearing.</p>