Schwab

In December, 1894, the requisite number of creditors, among whom was the appellant, the Bank of Woodland, filed a petition in the superior court of Yolo county to have the firm of Levy & Schwab, and the individual members thereof, W. Levy and S'. Schwab, declared insolvent. Such proceedings were thereafter had upon the said petition that said firm and said individual members thereof were, on the twenty-fourth day of December, adjudged insolvent under the provisions of the act of 1895. Thereafter, in due course, the said insolvents filed a statement concerning their debts and liabilities, and a schedule and inventory of their estates, real and personal, as required by law. On the sixth day of April, 1895, in pursuance of an order of the court, the assignee in such insolvency proceedings sold at public auction, among other effects of the insolvents, the books of. account and accounts therein of said firm of Levy & Schwab, and at such sale the said S. Schwab purchased said books of account for the sum of four hundred dollars. Among these accounts was a claim against W. Levy .individually. This claim so purchased by Schwab was allowed by said assignee as against the individual…