Hass

The object of this action is to recover from defendants $856.99, the value of certain personal property alleged to have been sold and delivered to defendants by the insolvent in payment of his debt of $900, within one month before the filing of the petition against him by his creditors, contrary to the provisions of sec-lion 55 of the Insolvent Act of 1880. The judgment of the court below was in favor of plaintiff for the sum demanded, and the defendants appeal on the judgment roll, contending that neither the complaint nor the findings of fact states a cause of action. A general demurrer to the complaint was overruled.

So far as applicable to this case, section 55 of the Insolvent Act is as follows: “If any person, being insolvent, or in contemplation of insolvency, within one month before the filing of a petition by or against him, with a view to give a preference to any creditor or person having a claim against him, .... makes any payment, assignment, transfer, or conveyance of any part of his property, .... the person receiving such payment, . . . . having reasonable cause to believe that such person is insolvent, and that such .... payment .... is made with a view to prevent…