In re Rudnick

• Decision Date: 07 July 1900
• Citation: 102 F. 750
• Court: United States District Court, District of Washington
• Parties: In re RUDNICK.

102 F. 750

In re RUDNICK.

United States District Court, D. Washington, Western Division.

July 7, 1900

Walter Loveday, for trustee.

D. F Murray and John C. Stallcup, for creditors.

B. A Crowl, for Albert L. Fisher.

James Wickersham, for Louis Rudnick.

HANFORD District Judge.

Upon a petition filed by the trustee, the referee made an order requiring the sheriff of Pierce county to show cause why certain merchandise in his custody under a writ of attachment issued by the superior court of the state of Washington for Pierce county should not be surrendered to the trustee. The attachment having been dissolved, the sheriff filed an answer disclaiming any right to retain the goods under the writ of attachment, and alleging that Albert L. Fisher claims to have been in possession of the goods when they were seized, and now demands that they be restored to him. Said Fisher also filed an answer alleging his ownership of the goods and right of possession, by purchase from Louis Rudnick, one of the bankrupts. The trustee filed a reply to the answer of Fisher making no issue as to the ownership of the property. The material facts in the case were agreed to and stipulated by the parties, and upon a hearing the referee ordered the sheriff to deliver the property to the trustee. Pursuant to a petition by Fisher for a review of the referee's decision, the question has been certified to the court. The facts to be considered as agreed to and stipulated by the parties are as follows:

'(1) That on and prior to the 28th day of November, 1899, David Rudnick and Louis Rudnick were co-partners under the name of Rudnick Bros., and engaged in the business of merchant tailors at Tacoma, Pierce county, Washington. (2) That on the said 28th day of November, 1899, the said co-partnership was dissolved by mutual consent, and David Rudnick on the said day sold and transferred all his interests in the said business and co-partnership property to the said Louis Rudnick for the consideration set forth in Exhibit A attached to the further answer of Albert L. Fisher herein, at which date said firm was totally insolvent. (3) That on the said day the said David Rudnick withdrew from the said co-partnership business, and the same was thereafter conducted by Louis Rudnick. (4) That notice of the said dissolution was given as set forth in paragraph 11 of the said further answer of Albert L. Fisher. (5) That the said Louis Rudnick is now, and was prior to December 30, 1899, a married man, a householder, and the head of a family consisting of himself and wife, and that he and his said family were then, and now are, residents of the city of Tacoma, Pierce county, Washington, and that he is now, and was at all the times mentioned, a merchant, and that his trade was at all said times that of merchant tailor, and that all the goods mentioned and referred to in the petition and order to show cause herein, and all the goods and merchandise owned by and in the possession of the said Louis Rudnick on the said 30th day of December, 1899, did not exceed in value the total sum of $350, and that the same consisted of tools, instruments, and material used to carry on his said trade of merchant tailor. (6) That on the 30th day of December, 1899, Louis Rudnick sold, assigned, transferred, and delivered to the said Albert L. Fisher all the goods and merchandise mentioned and referred to in the foregoing paragraph, being the same goods described in Exhibit A attached to the answer of Albert L. Fisher, and on the said day executed and delivered to the said Albert L. Fisher a bill of sale, marked Exhibit B., and attached to the said further answer of Albert L. Fisher herein, which said bill of sale was duly recorded in the office of the auditor of Pierce county, Washington, on the 4th day of January, 1900, as shown in said Exhibit B. (7) That the consideration for the said conveyance was the prior individual indebtedness of the said Louis Rudnick to said ...