J. Loeb Grocery Co. v. I. Brickman & Co.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Bill by J. Loeb Grocery Company, against I. Brick-man & Co., and others, to declare a preference a general assignment for the benefit of all creditors holding waive notes. Prom a decree sustaining demurrer to the bill, complainants appeal. The money-paid in this case is such property as comes within the meaning of section 4295, Code 1907. — Barnett v. Bass, Í0 Ala. 951; Hall <& Farley v. Alto. Term.
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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Bill by J. Loeb Grocery Company, against I. Brick-man & Co., and others, to declare a preference a general assignment for the benefit of all creditors holding waive notes. Prom a decree sustaining demurrer to the bill, complainants appeal. The money-paid in this case is such property as comes within the meaning of section 4295, Code 1907. — Barnett v. Bass, Í0 Ala. 951; Hall <& Farley v. Alto. Term. Co., 143 Ala. 481. Means or instrumentalities adopted to circumvent the statute will not be permitted. — Smith v. McCaciden,…
1Opinion of the CourtMayfield, J.
In the bankruptcy proceeding instituted to adjudicate J. S. Oppenheimer (one of the respondents) a bankrupt, $1,000 in money was set apart to said bankrupt, as his exemption as to personal property, in accordance with exemptions in bankruptcy statutes. Subsequently, the bankrupt paid this $1,000 to five of his creditors, distributing it pro rata among them. The debts due these five creditors were secured by waive notes signed by the bankrupt. Shortly thereafter, appellant, another creditor of the bankrupt, whose debt was secured by waive notes, filed this bill in behalf of itself and all the…
2Cited by1 opinion
- Aycock v. Ft. Branch Mill. Co.Supreme Court of Alabama · 1914