Kuhlman

Kuhlman v. Pacific States Savings & Loan Co.

Good Law
17 Cal. 2d 820·1941 Cal. LEXIS 317·112 P.2d 620
Supreme Court of CaliforniaApril 24, 1941L. A. No. 16415California504 words

Opinion

Lead Opinion

Edmonds, J.

The appellant brought suit to compel the payment of a judgment which she secured against Fidelity *821 Savings and Loan Association out of property transferred by it to Pacific States Building and Loan Company. She insists that her complaint states a cause of action, although the superior court sustained the demurrer of the respondent corporations without leave to amend.

According to her allegations, in 1931 she sued Fidelity for damages upon the ground that it had converted to its own use certain personal property claimed by her, and secured the judgment she is now seeking to collect. A short time before her suit was filed and long before judgment, Fidelity “with intent to hinder, delay and defraud its creditors and particularly this plaintiff” entered into an agreement with Pacific States by which it transferred to the latter all of its assets, including the property for which she recovered judgment. The consideration for the transfer of the Fidelity’s assets included an agreement by Pacific States to pay certain stated liabilities, not including the amount due to the appellant. As further consideration for the property transferred to it, Pacific States “agreed to pay” certain…

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