John E. Fields v. Charles Deering McCormick

Ninth Circuit

John E. Fields v. Charles Deering McCormick

297 F.2d 638, 1962 U.S. App. LEXIS 6360

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 2, 1962

Docket17319

StatusPublished

This text of 297 F.2d 638 (John E. Fields v. Charles Deering McCormick) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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John E. Fields v. Charles Deering McCormick, 297 F.2d 638, 1962 U.S. App. LEXIS 6360 (9th Cir. 1962).

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Opinion

PER CURIAM.

The jurisdiction of the District Court is based upon diversity of citizenship (28 U.S.C.A. § 1332), and ours is based upon 28 U.S.C. § 1291. The question presented is whether a transfer of shares of stock in the Gay Nineties, Inc., a California corporation, should be set *639 aside as a fraud upon the transferor’s creditors, of which appellant is one. The answer to this question involves the proper application of the California Uniform Fraudulent Conveyances Act (Civil Code, § 3439 et seq.) to a complex factual situation. We review the case on the basis of findings of fact and conclusions of law entered by the District Court after trial without a jury. We have reviewed the record and the authorities cited by counsel. We are satisfied that the District Court’s conclusions of law are correct and that its findings of fact are supported by substantial evidence. We therefore affirm. A reasonable exposition of the issues in the case in their factual context would require an opinion of unreasonable length. The issues are such as to be of interest only to the parties, and the parties, as their briefs demonstrate, understand those issues fully and would not be served by a lengthy restatement by this Court.

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PER CURIAM.

The jurisdiction of the District Court is based upon diversity of citizenship (28 U.S.C.A. § 1332), and ours is based upon 28 U.S.C. § 1291. The question presented is whether a transfer of shares of stock in the Gay Nineties, Inc., a California corporation, should be set *639 aside as a fraud upon the transferor’s creditors, of which appellant is one. The answer to this question involves the proper application of the California Uniform Fraudulent Conveyances Act (Civil Code, § 3439 et seq.) to a complex factual situation. We review the case on the basis of findings of fact and conclusions of law entered by the District Court after trial without a jury. We have reviewed the record and the authorities cited by counsel. We are satisfied that the District Court’s conclusions of law are correct and that its findings of fact are supported by substantial evidence. We therefore affirm. A reasonable exposition of the issues in the case in their factual context would require an opinion of unreasonable length. The issues are such as to be of interest only to the parties, and the parties, as their briefs demonstrate, understand those issues fully and would not be served by a lengthy restatement by this Court.

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Bluebook (online)

297 F.2d 638, 1962 U.S. App. LEXIS 6360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-e-fields-v-charles-deering-mccormick-ca9-1962.

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