Pfahler

who were judgment creditors of

Plaintiffs, defendant Worcester, brought this suit against him and his codefendants to set aside a transfer of certain personal property which Worcester had made to defendant Bower. The latter was at the time of the transfer a creditor of Worcester and the transfer was attempted to be made in ' satisfaction of the debt, Bower acknowledging its payment at the time. Upon the date of the transfer Bower was an officer of defendant bank, that corporation being also a creditor of Worcester, although the conveyance seems to have been made in satisfaction of Bower’s claim alone. The complaint is based upon Civil Code, sections 3439, 3440, and 3442, concerning transfers of property in fraud of creditors. Judgment went for plaintiffs and defendants appeal.

[1] Appellant insists that Worcester had the right to prefer Bower as a creditor and to indicate the preference by the transfer which was made to him. This contention is in the very face of one of the sections upon which the action is based (see. 3440). That section reads, in part, as emphasized by the use of italics: “Every transfer of personal property, other than [certain kinds which do not concern us…