Menke v. Miller

Decided July 1, 1880

California Supreme Court · decided 1880-07-01

Denson, J. Action to settle the accounts of defendant, assignee of plaintiffs, under assignment for benefit of creditors. The Court allowed $600 as commissions to defendant'. The assignment contained no provision for commissions, but made provision for disposition of the proceeds of all the assigned property. The plaintiffs appealed.

Decided 1880-07-01

By the Court :

¶1The Court below did not err in the judgment appealed from in allowing the defendant $600 as commissions.

¶2Its ruling was in accordance with law, whether tested by the provisions of §§ 2274 or 3471 of the Civil Code. There is no error in the transcript, and the judgment is affirmed.