Dickinson v. National Bank of the Republic
Supreme Court of Alabama
Appeal from Barbour Chancery Court Heard before the Hon JNO. A. Foster. The bill in this case was filed by the National Bank of the B1epublic, of New York, against H. Dickinson and others, in which it was sought to subject to the payment of a debt due from said Dickinson to the complainant, the proceeds arising from the sale by said Dickinson, of a stock of merchandize, notes, accounts &c., which, it was alleged, had been attempted to be sold for the purpose of hindering,…
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Appeal from Barbour Chancery Court Heard before the Hon JNO. A. Foster. The bill in this case was filed by the National Bank of the B1epublic, of New York, against H. Dickinson and others, in which it was sought to subject to the payment of a debt due from said Dickinson to the complainant, the proceeds arising from the sale by said Dickinson, of a stock of merchandize, notes, accounts &c., which, it was alleged, had been attempted to be sold for the purpose of hindering, delaying or defrauding the complainant in the collection of his said debt. The bill further alleged that the transferees…
1Opinion of the CourtHead, J.
Section 3544 of the Code, reads as follows : “A creditor without a lien may file a bill in Chancery to discover or to subject to the payment of his debt any property which has been fraudulently transferred or conveyed by his_debtor,”
*548H. Dickinson, a debtor by simple contract merely, to the complainant, The National Bank of the Bepnblic, as the bill avers, with intent to hinder, delay or defraud his creditors, sold and transferred to his co-defendants the stock of goods and other property mentioned in the bill, of value more than sufficient to pay complainants’ debt, which property the said…
2Cases cited10 opinions
- Murtha v. . CurleyNew York Court of Appeals · 1882
- Evans v. WelchSupreme Court of Alabama · 1879
- Ferguson v. HillmanWisconsin Supreme Court · 1882
- Gillett v. . BateNew York Court of Appeals · 1881
- Reynolds v. WelchSupreme Court of Alabama · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- American Nat. Bank & Trust Co. v. PowellSupreme Court of Alabama · 1937
- First Nat. Bank of Birmingham v. LoveSupreme Court of Alabama · 1936
- Shelton v. TimmonsSupreme Court of Alabama · 1914
- Yates v. GuestSupreme Court of Alabama · 1982
- Zimmern v. People's BankSupreme Court of Alabama · 1919
15 more not listed; retrieve them via the Exa API.