6 Wash. 542 | Wash. | 1893
The opinion of the court was delivered by
This action was brought to recover the value of a stock of drugs and store fixtures converted by the defendants. On April 9,1891, one Isaac Korn was the owner, and in possession of the same, and engaged in business in the city of Seattle as a retail druggist. At said time he was indebted to the appellant in the sum of §500, for
One of the points raised, and the only one which will be discussed, is that the evidence was insufficient to justify the verdict. There was evidence to show that at various times Isaac Korn had stated to the respondents Snell, Heitschu & Woodard that he was indebted to no one else excepting said firm; that his business was in a prosperous condition, etc.; and that by means thereof he succeeded in maintaining his credit with them, and in obtaining goods
We are unable to agree with respondents’ contention in the premises. While we have an assignment law which provides that an insolvent debtor may turn his property over for the benefit of his creditors, and by so doing under some circumstances may obtain a discharge of his indebt
It appears from the uncontradicted evidence in this case that appellant took this property at its fair market value in payment of valid subsisting claims held by him against Isaac Korn, and that he acted in good faith in the premises, and that the respondents at the time they levied upon and sold said goods had full notice of his rights in the premises. Under this state of affairs the appellant’s contention that there was no evidence to support the verdict, must be sustained, and the judgment is reversed, and cause remanded.
Dunbar, C. J., and Anders, Hoyt and Stiles, JJ., concur.