Short

These consolidated appeals by defendants, Marvin and Helane Short and Howard and Rosalind Gold, are from partial summary judgments on the first cause of action in the respective complaints of plaintiffs, James Talcott, Inc. and M. Varela, in the total amounts of $104,613.43 and $245,246.03. The appeals lie. (Code Civ. Proc., § 437c.)

Defendants, Short and Gold, contend that the summary judgments under appeal constitute an abuse of discretion because they were unable to resist them without waiving their constitutional privilege against self-incrimination. We reject this contention and intend to affirm these judgments for reasons that follow.

Facts

At all times material to this litigation plaintiff Talcott was a factor which purchased by assignment accounts receivable of four specified suppliers of Helane of California, Inc. totaling $87,718.99. Similarly plaintiff Varela is the assignee for collection of Chemical Bank, a factor, which purchased the accounts receivable of four specified suppliers of Helane totaling $209,170.47. In October 1976 Helane became insolvent. Some nine months previously the four individual defendants, Short and Gold, executed, for valuable…