Rossen

The plaintiff, Rossen, and the defendant, Villanueva, had been partners in the bottling business at San Bernardino. On April 4, 1913, the plaintiff sold his one-half interest in the property and business of the partnership to the defendants, Seward and Owens, who thereafter, together with Villanueva, conducted the business under the name of Ranier Bottling Company. During the existence of the partnership between plaintiff and Villanueva the plaintiff had contributed a larger amount to the capital of the business than had Villanueva, and plaintiff had a claim against said Villanueva for one-half of the excess thus contributed by him. On or about March 1st, Villanueva sold his interest in the partnership to Seward and Owens. On March 21, 1914, the plaintiff recovered a judgment against Villanueva for $592.46 on account of the claim above referred to. Execution on said judgment was issued and returned unsatisfied.

The complaint alleged that Villanueva’s sale and transfer of his interest in the partnership to Seward and Owens had been made with the intent and purpose of defrauding plaintiff of the money so due him, and of preventing him from collecting the same, and that said Seward…