Dryer

Crane Co. v. Dryer

Good Law
1908 Cal. App. LEXIS 134·9 Cal. App. 290·98 P. 1072
Court of Appeal of CaliforniaNovember 7, 1908Civ. No. 516.California2,911 words

Opinion

Lead Opinion

Hart, J.

The defendants, E. 0. Dryer and George Machen, constituted the firm of Dryer & Machen, engaged in the plumbing business at the city of Fresno during the years 1904, 1905 and 1906. On the ninth day of August, 1905, in consideration of and for the payment of an indebtedness due said firm, the firm of C. S. Pierce and others conveyed to George Machen, a member of the said first-mentioned firm, the lots involved in this action. On July 12, 1906, while the firm of Dryer & Machen was indebted to plaintiff in the sum of $1,240, said George Machen conveyed said lots to his father, W. W. Machen, one of the defendants herein. A note had been executed and delivered by Dryer & Machen to the plaintiff in the sum of $1,445.56, and in the month of September, 1906, the latter brought an action against the former on said note, and on the thirteenth day of October, 1906, judgment was rendered in said action in favor of the plaintiff herein and against said Dryer & Machen for the amount of said note. Immediately upon the entry of said judgment, execution thereon was issued and placed in the hands of the sheriff of Fresno county, who, in January, 1907, returned said execution to the superior court…

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