Wright v. Cohn

Temple, C. The only questions presented by this appeal are as to the sufficiency of the petition and the verification. They are as follows: —

“ In the superior court of the county of Tulare, state of California. In the matter of D. L. Wright and W. B. Wright, copartners, doing business under the firm name of D. L. & W. B. Wright, insolvent debtors.

“To the honorable the superior court of the county o Tulare, state of California: —

“The petition of D. S. Cohn and S. Cohn, doing business under the firm name of Cohn & Co., Frederick Kern, Matthew McGovern, Frank T. Elam, and George Wright, respectfully shows that petitioners are each residents of the state of California, and that D. L. Wright and W. B. Wright, copartners, doing business under the firm name of D. L. & W- B. Wright, above named, are residents of the county of Tulare, state aforesaid, and are indebted to your petitioners as follows: To said firm of Cohn & Co. in the sum of $1,241.85, on a promissory note executed and delivered by said firm of D. L. & W. B. Wright to said firm of Cohn & Co., of date October 28, 1889, for the principal sum of $1,375, bearing interest at the rate of ten per cent per annum, no part of which has been paid, save and except the sum of $152.15, leaving now due on said note the sum of $1,241.85; to Frederick Kern in the sum of $60.75, for goods, wares, and merchandise sold and delivered to said insolvents within the last two years; to Matthew McGovern in the sum of $8.50, for care of team, and livery bill, furnished within two years last past; to Frank T. Elam in the sum [330]of $7.85, for blacksmithing and lumber, furnished within two years last past; George Wright in the sum of $6, for brick and mortar furnished within two years last past, — in all $1,324.95; and each and all of said sums are now due, and the same or no part thereof has been paid, and neither of said petitioners has become a creditor of said firm of D. L. & W. B. Wright by assignment within thirty days prior to the filing of this petition; that said D. L. & W. B. Wright, copartners as aforesaid, were on the seventh day of December, 1889, insolvent; that said firm of D. L. & W. B. Wright did, on or about the seventh day of December, 1889, transfer and convey to one E. E. Giddings and John Nance their certain livery-stable and outfit, and their stock belonging to said livery-stable, and other property situate in the town of Dinuba, and in Tulare County, with intent to delay, defraud, and hinder their creditors and your petitioners herein from collecting their just claims against said firm; that said firm of D. L. & W. B. Wright have transferred and conveyed all their property within thirty days last past, and now have no property, as your petitioners are informed and believe, subject to attachment.