Schaffer v. Stever

• Decision Date: 18 July 1929
• Docket Number: 21892.
• Citation: 153 Wash. 116,279 P. 390
• Court: Washington Supreme Court
• Parties: SCHAFFER v. STEVER, Sheriff.

279 P. 390

153 Wash. 116

SCHAFFER v. STEVER, Sheriff.

No. 21892.

Supreme Court of Washington

July 18, 1929

Department 2.

Appeal from Superior Court, Snohomish County; Ralph C. Bell, Judge.

Action by George L. Schaffer against George I. Stever, Sheriff of Snohomish County. From the judgment, plaintiff appeals. Affirmed.

O. T Webb and Louis A. Merrick, both of Everett, for appellant.

Coleman & Fogarty and W. P. Bell, all of Everett, for respondent.

MAIN J.

This is a dontroversy over the furnishings and furniture in the Virginia Hotel in the city of Everett. May 10, 1927, Grace M Abrahams transferred the property in question to George L Schaffer. March 15, 1928, S. K. Painter recovered a judgment against Mrs. Schaffer (who for convenience will be hereafter referred to as Mrs. Abrahams), and some time thereafter caused an execution to be issued and levied upon the furnishings and furniture in the Virginia Hotel. Schaffer claimed the property adversely in the manner provided for in section 573, Rem. Comp. Stat. The matter came on for hearing before the court without a jury, and resulted in a holding that the transfer to Schaffer was without consideration, and authorized a sale of the property sufficient to satisfy the judgment above referred to. From the judgment sustaining the execution, Schaffer appeals.

Upon this appeal, the correctness of the judgment of Painter v Abrahams, upon which the execution was based, appears to be questioned. That judgment was not appealed from, and is final and conclusive against the appellant, who was the transferee of the judgment debtor. In Le Herisse v. Hess (N. J. Ch.) 57 A. 808, 810, it is said: 'The general rule is that a grantee of the judgment debtor cannot, in a suit brought to set aside a deed fraudulent against creditors, question the validity of the debt upon which the judgment against his grantor was founded. [Citing authorities.]'

The case of State ex rel. Olding v. Stampfly, 69 Wash. 368, 125 P. 148, is to the same effect.

The transfer to the appellant of the property in controversy was made as a gift, or at most in consideration of what Mrs. Abrahams considered a moral obligation. The testimony of the appellant upon this question was as follows:

'Q. Now, Mr. Schaffer, what Mr. Fogarty asked you was: What did Mrs. Abrahams get for the assignment she made to you on May 10th, 1927? How did you happen to get the assignment? Speak right up and tell the Court. * * * A. Well, it was turned over for love and affection more than anything.

'Q. Well, that was the size of it, was it, Schaffer? A. Yes sir; just a gift.'

Mrs Abrahams testified as...