Page:Federal Reporter, 1st Series, Volume 6.djvu/765

 8HAINWALD V. LEWIS. 753 �Shainwald, Assignee, etc., v. Lewis. �{District Court, B. Oalifornia. Noveraber 11, 1880,1 �1. FrAUD — CONSPIRACI— COLLTJBITE JUDGMBKT— FiCTITIOUS InDBBTED- �MBBs— Fabricated AntEdatbd Notes. �Where members of an insolvent flrm, with intent to (iefraud flrm creditors, conspired with a person to wham the flnn was indebted in only a small amount to have an attachment levied on the flrm prop- erty, and a judgnient to be taken upon flctitious and ante-dated flnn notes fabricated for the purpoee, and to transfer to him ail the flrm property then m transita, and for which the flrm held bills of ladingj and, in pursuance of such conspiracy. judgment was recovered, the firm property sold on execution, and bid in by the plaintiff in the col- lusive suit, and the remaining property of the flrm secretly trans- ferred to him, hdd, that he was liable to the assignees in bank- ruptcy, as representative of the flrm creditors, for the value of ail of the flrm property so fraudulently obtained by him, and will be de- creed a trustee of such property, and of its proceeds, for the beneflt of the flrm creditors represented by the assignee. �In Equity. �J&mea L. Cnttenden, for plaintiff. �Henry E. Highton, for respondent. �HoFFMAN, D. J. The complainant seeks by his bill in equity to have a certain judgment, execution, sheriff's sale, and other proceedings in a suit at law in the nineteenth dis- trict court of this state, entitled "Harris Lewis v. Louis H. ShoenfeJd, Isaac Newman, and Simon Cohen," declared to be a fraud upon the creditors of the firm of Schoenfeld, Cohen & Co., and upon the complainant, as their assignee in bank- ruptcy, upon Simon Cohen, and upon said firm ; also, that it be declared and decreed that certain promissory notes upon which the suit was brought, to-wit, a note for $17,000, a note for $8,000, and a note for $5,000, were fraudulent and void as against said firm for want of consideration ; also, that it be declared and decreed that certain transfers of money, bills of lading, promissory notes, and other property, to the re- spondent, by said Schoenfeld and Newman, were fraudulent and void as against the creditors of said firm, upon the com- plainant as their assignee, and upon Simon Cohen, one of the members thereof; also, that it be decli.red and decreed �v.6,no.8— 48 ��� �