Bradley

In re Dyer v. Bradley

Good Law
1891 Cal. LEXIS 854·89 Cal. 557·26 P. 1103
Supreme Court of CaliforniaJune 23, 1891No. 13165California1,940 words

Opinion

Lead Opinion

Belcher, J.

This is an appeal from an order granting the respondent, Joseph P. Dyer, a discharge from his debts, under the Insolvent Act of 1880.

It appears from the record that Dyer filed his petition in insolvency on the third day of August, 1888, and was adjudged to be an insolvent debtor. Subsequently the appellant, Richard Bradley, proved his debt against the insolvent, amounting to $5,928.50. At the proper time thereafter the respondent applied to the court by petition for a discharge from his debts. The appellant objected to his discharge, and filed specifications, in writing, of the grounds of his opposition. These specifications were, in substance, as follows: 1. ThatonDecem6, 1886, the respondent paid to the Nevada Bank of San Francisco, one of his creditors, a large sum of money, not less than seventy thousand dollars, with the intent to prefer the bank as a creditor, and to pay it in full, and did, in paying the saido money to said bank, prefer the same as a creditor, and pay it in full, and did thereby defraud his other creditors; 2. That on the second day of December, 1886, the respondent, knowing that he was insolvent and unable to pay his just debts, paid to M. C. Blake, a…

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