Baen

Clark v. Baen

Good Law
1925 Cal. App. LEXIS 79·75 Cal. App. 389·242 P. 872
Court of Appeal of CaliforniaDecember 1, 1925Docket No. 2937.California1,894 words

Opinion

Lead Opinion

Finch, J.

The complaint alleges that the defendants are indebted to the plaintiff in the sum of $435.50 for “lumber lath sold and delivered” to them by plaintiff. The action was dismissed as to the defendant administratrix. The defendant Baen filed an answer denying the allegations of the complaint and alleging, as an affirmative defense, that the International Brokerage Company, a Delaware Corporation, doing business as California Grape Distributors, was adjudged a bankrupt by the federal court at Chicago and that a receiver was there appointed to take charge of the bankrupt’s estate; that the federal court at San Francisco appointed defendant ancillary receiver of the bankrupt’s estate in California; that the bankrupt, prior to. said adjudication, had carried on the business of “dehydration and drying of fruits and vegetables and of packing and shipping the same” at Santa Rosa, California; that “at the time of the appointment of said defendant as ancillary receiver . . . the said bankrupt estate had remaining assets consisting of leasehold property and improvements on leasehold property consisting of drying and packing machinery, drying sheds, a warehouse and other improvements attached…

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