Schwartz

Schwartz v. Brandon

Good Law
1929 Cal. App. LEXIS 677·97 Cal. App. 30·275 P. 448
Court of Appeal of CaliforniaFebruary 18, 1929Docket No. 6540.California3,269 words

Opinion

lead Opinion

Ward, J.

Since the filing of the transcript in this case C. S. Schwartz, the executor of the estate of Jonas Schwartz, was substituted as plaintiff and respondent in the place and stead of Jonas Schwartz, deceased.

The point in this case is: Was a conveyance of property, described in the complaint, made by the appellant, J. F. S. Brandon, to his wife (his co-defendant), Thereza S. Brandon, while he was insolvent, or did such conveyance make him an insolvent, and was such transfer made for the purpose of hindering, delaying, and defrauding the original plaintiff, and for the prevention of his opportunity to realize upon any recovery he might make as against the defendant, J. P. S. Brandon, for injuries received by him, as an employee in the course of his employment within the provisions of the Workmen’s Compensation, Insurance and Safety Act of •1917?

A chronological epitome of the case is enlightening. In March, 1926, Jonas Schwartz was injured, so, also, was the defendant J. F. S. Brandon. On April 22d following Brandon conveyed the lands described in the complaint to his wife, his co-defendant herein, for love and affection. Approximately three months thereafter ten acres of the…

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