Robinson v. Rapelye
Supreme Court of Alabama
On the 4th of June 1824, Franklin Rohinson sued out an original attachment against Daniel Rapelye and William Smith, as surviving partners of the late firm of Lawrence, Rapelye, & Co. of New York, (John T. Lawrence having previously died,) to recover $2213 58, which he claimed of said firm as balance of an account current. The attachment was returned to the Fall term of Marengo Circuit Court.
Read the full summary
On the 4th of June 1824, Franklin Rohinson sued out an original attachment against Daniel Rapelye and William Smith, as surviving partners of the late firm of Lawrence, Rapelye, & Co. of New York, (John T. Lawrence having previously died,) to recover $2213 58, which he claimed of said firm as balance of an account current. The attachment was returned to the Fall term of Marengo Circuit Court. The sheriff returned that there was no property of the defendants in his county to be found, but that he had on the 14th July, 1824, attached the amount in the hands of the firm of O-lover, Gaines, & Co.…
1Opinion of the Court
By JUDGE COLLIER.
On the answers of the garnishees, the plaintiffs moved the Court below for a judgment against them; which motion was overruled, and a judgment rendered by which they were discharged. The correctness of which judgment is now assigned for error. In determining this question, two points are presented: 1. The legality of the deed which accompanies the answer of Messrs G. G. & Co. 2. The extent and effect of its operations.
The counsel of the plaintiff insists, that the deed cannot be recognized as valid, and that it is a fraud in law upon the creditors of the assignors who have…
2Cases cited7 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- Wilt v. FranklinSupreme Court of Pennsylvania · 1809
- Austin v. BellNew York Supreme Court · 1823
- Milne v. MoretonSupreme Court of Pennsylvania · 1814
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Governor v. CampbellSupreme Court of Alabama · 1850
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
- Cummings v. McCulloughSupreme Court of Alabama · 1843
- Crawford v. KirkseySupreme Court of Alabama · 1874
13 more not listed; retrieve them via the Exa API.