126 Wash. 22 | Wash. | 1923
— The plaintiff, Marinovich, commenced this suit in the superior court for King county, seeking the setting aside of a bill of sale made by the defendant Behneman to the defendant Newton of a diamond ring, to the end that the ring be subject to the payment of a balance due upon a judgment rendered by that court in favor of the plaintiff and against the defendant Behneman. The ring is in the custody of the clerk of the superior court by order of that court, evidently in lieu of a formal receivership. A trial upon the merits resulted in a judgment denying to the plaintiff the relief prayed for, from which he has appealed to this court.
The argument of counsel for appellant Marinovich is addressed wholly to their contention that the court erroneously decided that the claim of fraud attending the sale of the ring by Behneman to Newton is insufficiently sustained by the evidence to call for the setting aside of that sale and the subjecting of the ring to the satisfaction of the balance due upon the judgment rendered against Behneman. A careful reading of all the evidence brought here in the statement of facts convinces us that this contention cannot be sustained. It seems plain that the ring was in no event worth over $1,200, and possibly less, and that Newton actually paid Behneman $900 in value for the ring. This, we think, is not such a discrepancy between the value and the actual purchase price as to seriously suggest fraud on the part of either the purchaser or seller to put the
Counsel for Marinovich do not seem to seriously argue that the price paid for the ring was not reasonably near its full value; but invoke the general rule that, notwithstanding fair value may be given by the purchaser, yet if he thereby knowingly aids the seller in furthering his intent to put his property beyond the reach of creditor’s, the sale may be set aside; citing our decision in O’Leary v. Duvall, 10 Wash. 666, 39 Pac. 163. What we have already said, we think, renders it plain that this rule of equity cannot be of any avail to Marinovich under the facts as here shown.
The judgment is affirmed.
Main, C. J., Fullerton, Tolman, and Pemberton, JJ., concur.