The record-union., 1891-04-01
SUPREME COURT DECISIONS.

TITLED at Sacramento, March 10, 1871
Appeal from the Superior Court of Tu-
lare County-Wm. w. Cross, Judge.
For appellants, o. l.. Abbott.
For respondent, n. o. Bradley and G.
i. Lawrence.
IN BANK.
In THE MATTER OF ID. L.l
WRIGHT EFT AL, No. 1896
Insolvents.
The only questions presented by this ap-
peal are as to the sutficiency of the petit
ton and the veriticatien. They are as
follows:
I'm the Superior Court of the County
of Tulare, State of California. In the
matter of ID. l.. Wright and w. b. Wright,
co-partners, doing business under the
firm name of d. l.. and w. b. Wright, in
solvent debtors
''To the honorable, the Superior Court
of the County of Tulare, State of Califor-
mia:
1.-THE petition of D. s. Cohn and S.
Cohn, doing business under the firm
name of Cohn & Co., Frederick Kern,
Matthew McGovern, Frank L. 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, co-partners doing business
under the firm name of D. L. oE w. B.
Wright, above named, are residents of
the County of Tulare, State aforesaid, and
are indebted to your petitioners as fol-
lows: To said firm of Cohn Il Co. in the
sum OF 81 ,24l IS, on promissory note exc
cuted and delivered by said firm of d. L..
and w. B. Wright to said firm of Cohn d
Co., of date October %, 1889, for the prin-
cipal sum of Sl,375, bearing interest at the
rate of 10 per cent per annum, no part OF
which has been paid, save and except the
sum of Sl52 15, leaving now due on said
note the sum of 81 ,24l 85, to Frederick
Kern in the sum of $50 rs for goods wares
and merchandise sold and delivered to
said lnsolvents within the last two years;
to Matthew McGovern in the sum OF
S. 90, for care of team and livery bill, fur
nlshed within two years last past; to
Frank L. Elam in the sum of 81 IS, for
blacksmithing and lumber, furnished
within two years last past; George Wright
In the sum of S6, for brick and mortar,
furnished within two years last past-in
all Sl,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 creditor of said
firm of ID. l.. IL w. B. Wright by assign
ment within thirty days prior to the filing
OF this petition; that said d. L. & w. 3.
Wright, co-partnerS as aforesaid, were on
the 7th day of December, 1889, insolvent:
that said firm of d. L. dS w. B. Wright
did, on or about the 7th day of December,
1889, transfer and convey to one L. 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 de-
lay, defraud and hinder their creditors,
and your petitioners herein, from collect
ing their just claims against said firm;
that said firm of ID. l.. & w. B. Wright
have transferred and conveyed all their
property within thirty days last past, and
Nay.txy
are Informed and believe, subject to at
tachment
Wherefore your petitioners pray that
the said court issue its order to said D. L..
& w. b. Wright, co-partners doing busi-
ness under the firm name of d. l.. 81 w.
%. wright to show cause at a time and a
place fixed by the court, why they should
not be adjudged insolvent debtors, and
the surrender of their estate be made for
the benefit of their creditors in manner
required of insolvent debtors.
his
MATTHEW < MCGoVERN.
mark,
FREDERICK KERN,
d. S. CoHN & s. COIN,
Co-partners as Cohn d Co.,
FRANK L. ELAN,
GEORGE WRIGHT"
Witness to signature Of Matthew Nc
6oVern, n. 0. BRADLEY.
estate of California,
County of Tulare S.
I'D. S. Cohn, Matthew McGovern and
Frederick Kern being each severally and
duly sworn, says: That he has heard read
the foregoing petition and knows the
contents thereof; and that the same is
true OF his own knowledge, except as to
those matters therein stated on informa-
ton and belief, and as to those matters
that he believes it to be true, and said d.
). Conn, above named, further saws that
he is now and was at all times herein men
toned member of the firm of Cohn &
Co. above named.
his