gno.law

Sanderson v. McIntosh

California Supreme Court · No. 8,977 · 1884-02-08 · Published · 65 Cal. 36 · 2 P. 728 · 1884 Cal. LEXIS 431

GEORGE H. SANDERSON v. J. W. McINTOSH

Area
civil
Panel
Milton H. Myrick (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Myrick

Myrick, J.

This action was brought to compel an assignee in insolvency to perform his trust and account for the property assigned. The court below gave judgment of nonsuit on the ground that the plaintiff had mistaken his remedy. We are of opinion that the remedy afforded creditors under the law regulating insolvency proceedings is not exclusive, but that courts of equity have jurisdiction.

Judgment reversed and cause remanded for a new trial.

Thornton, J., and Sharpstein, J., concurred.

Cited by