Delessert v. Argenti

Cal. District Court

Delessert v. Argenti

1 Cal. Dist. Ct. 152

DecidedJuly 15, 1857

StatusPublished

This text of 1 Cal. Dist. Ct. 152 (Delessert v. Argenti) is published on Counsel Stack Legal Research, covering California District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Delessert v. Argenti, 1 Cal. Dist. Ct. 152 (Cal. Super. Ct. 1857).

Pincite

Opinion

Hager, J.

held it to be contrary to good policy to allow receivers to institute suits of this kind. The entire assets might be wasted by litigation in the attempt to discover property supposed to be improperly disposed of. Neither party to the original suit claims the property, and if it-is necessary to commence proceedings, it should be done by creditors, to whom the benefit accrues, and at their own expense. The right of plaintiffs to sue has been decided in a similar case, Crockett vs. Seale, passed upon this term, (see p. 150.)

Demurrer sustained.

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Hager, J.

held it to be contrary to good policy to allow receivers to institute suits of this kind. The entire assets might be wasted by litigation in the attempt to discover property supposed to be improperly disposed of. Neither party to the original suit claims the property, and if it-is necessary to commence proceedings, it should be done by creditors, to whom the benefit accrues, and at their own expense. The right of plaintiffs to sue has been decided in a similar case, Crockett vs. Seale, passed upon this term, (see p. 150.)

Demurrer sustained.

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Bluebook (online)

1 Cal. Dist. Ct. 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delessert-v-argenti-caldistct-1857.