Painter

Painter v. Painter

Good Law
138 Cal. 231·1902 Cal. LEXIS 480·71 P. 90
Supreme Court of CaliforniaDecember 31, 1902S.F. No. 1998.California2,682 words

Opinion

Lead Opinion

Van Dyke, J.

This is an appeal by defendants from an order authorizing and directing A. 0. Colton, as receiver of the firm of Painter & Co., in the said cause, to pay the judgment rendered in the superior court of the City and County of San Francisco, in favor of the J. B. Painter Company, as plaintiffs, against A. 0. Colton, said receiver, as defendant, in the sum of $11,085.73, and to sell sufficient of the real and personal property of the said firm of Painter & Co. to pay said judgment. The court found that from October 1, 1865, to February 6,1883, Jerome B. Painter and Theodore P. Painter were partners, under the style of Painter & Co. On February 6, 1883, Jerome died, and thenceforward Theodore has been, and now is, the surviving and only partner of said firm. The J. B. Painter Company is, and since September 21, 1894, has been, a corporation. On December 13, 1894, A. O. Colton became, and ever since has been, the duly appointed and qualified and acting receiver of said firm of Painter & Co., appointed by the court on plaintiffs’ application in the action now pending in said court. The order of appointment was for the receiver “to take immediate possession of all the books, papers,…

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