Sanderson v. McIntosh

California Supreme Court

Sanderson v. McIntosh

2 P. 728, 65 Cal. 36, 1884 Cal. LEXIS 431

CourtCalifornia Supreme Court

DecidedFebruary 8, 1884

DocketNo. 8,977

StatusPublished

Cited by2 cases

This text of 2 P. 728 (Sanderson v. McIntosh) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sanderson v. McIntosh, 2 P. 728, 65 Cal. 36, 1884 Cal. LEXIS 431 (Cal. 1884).

Pincite

Opinion

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.

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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.

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Bluebook (online)

2 P. 728, 65 Cal. 36, 1884 Cal. LEXIS 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanderson-v-mcintosh-cal-1884.

Opinion

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