Vail
Vail v. Nichibei Bussan Co.
Opinion
Lead Opinion
Langdon, J.
This is an appeal by the plaintiff from a judgment against him in an action in which he sought to have certain transfers of personal property declared void and the property subjected to execution in satisfaction of a judgment obtained upon August 20, 1921, against the defendant S. Tatsuno for over two thousand dollars upon a promissory note dated September 29, 1920.
The complaint alleged that on September 28, 1917, S. Tatsuno was the owner and in possession of certain personal property consisting of a stock of merchandise in a dry-goods store in San Francisco, California; that about October 15, 1920, S. Tatsuno transferred this personal property to Tsuyo Tatsuno, intending thereby to delay, hinder, and defraud the creditors of S. Tatsuno and subsequent to November 1, 1920, Tsuyo Tatsuno transferred the property to S. Tatsuno, T. Tsuchiya, M. Uehiyama, N. Yokiyawa, and Tsuyo Tatsuno, intending thereby to hinder, delay, and defraud the creditors of S. Tatsuno, and that on December 1, 1920, the five persons last named, as co-owners, transferred the property to Nichibei Bussan Company, a corporation, intending to delay, hinder, and defraud the creditors of S. Tatsuno; that the…