Collins

The F. Chevalier Co. v. Collins

Good Law
184 Cal. 648·1921 Cal. LEXIS 610·195 P. 44
Supreme Court of CaliforniaJanuary 11, 1921L. A. No. 6365.California529 words

Opinion

Lead Opinion

Wilbur, J.

This is a creditor’s bill brought to subject the Hotel Istalia and the personal property therein, standing of record in the name of defendant John L. Collins, to plaintiff’s judgment for $4,927.50 against defendants Bertrand Rhine and Leora B. Rhine. The property in question was purchased hy the payment of eleven thousand dollars and by the giving of a mortgage for eight thousand dollars executed by the three defendants to C. T. Crowell. The defendants testified in effect that defendants Bertrand Rhine and Leora B. Rhine were indebted to defendant Collins, a brother of defendant Leora B. Rhine, in the sum of seven thousand dollars; that Bertrand Rhine inherited three thousand dollars from his mother and paid it to John L. Collins on account of the aforesaid indebtedness; that the defendant Rhine executed the mortgage in question as an accommodation to defendant John L. Collins and in response to the suggestion of the mortgagee. It is claimed by plaintiff and conceded that defendants Rhine at all times involved herein were bankrupt. As the findings of the court are fully supported by the direct evidence of the defendants, we cannot consider the contention of the appellant that the…

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