McPherson v. Parker (30 Cal. 455, 1866)

By the Court, Shafter, J.:

The complaint alleges an assignment by one Matthews to defendants for the benefit of the creditors of the assignor— some twenty in number—and of whom the plaintiff was one. By the terms of the trust as set forth, the property was to be sold by the trustees, and the proceeds divided among the creditors pro rata. It is averred that the whole of the property has been sold and that the proceeds have been collected and are now held by defendants; that the debt of the plaintiff is one thousand four hundred and twenty-four dollars and eleven cents, and that the defendants have refused to pay plaintiff his pro rata thereon, though often requested so to do. The prayer is for an account of all the moneys received and paid out by the trustees as such, and that the plaintiff may have judgment for his distributive share.

1 The complaint was demurred to on the ground that all of the creditors should have been'joined either as parties plaintiff or defendant, and that Matthews should have been joined as defendant.