[Download] "Earle V. Froedtert Grain And Malting Co." by Department One Supreme Court of Washington # Book PDF Kindle ePub Free
eBook details
- Title: Earle V. Froedtert Grain And Malting Co.
- Author : Department One Supreme Court of Washington
- Release Date : January 14, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
HOLCOMB, J. -- This action was instituted in November, 1936, by the receiver of the Olympic Club Company, a corporation, hereinafter referred to as the Olympic company, to recover a sum of money paid to appellant corporation on August 4, 1930, on the ground that such payment constituted an unlawful preference. Appellant demurred to respondent's amended complaint, and the demurrer was overruled. Appellant answered, pleading two affirmative defenses, the second of which is that this action was not commenced within six months from the time of the filing of the application for the appointment of a receiver, as is required by Rem. Rev. Stat., § 5831-1 [P.C. § 4532-1]. Respondent replied, denying that this action was barred by virtue of the allegations in the second affirmative defense, and alleged that the law as raised by the allegations was decided adversely to appellant by the order overruling the demurrer to the amended complaint.