Danner & Co. v. Brewer & Co.
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Jno. A. Foster. ■ The bill in this case was filed on November 23d, 1881, by L. Brewer & Co., Haralson & Co., Wollner, Iiirshberg & Co., T. Prudhomme and others, creditors of Garland M. Dees, against him, and A. O. Danner, George W. Robinson and Benjamin F. McMillan, partners trading -under the firm name of A. C. Danner & Oo., for the purpose of having a certain mortgage and deed executed by Dees to Danner & Oo. declared a…
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Appeal from Mobile Chancery Court. Heard before Hon. Jno. A. Foster. ■ The bill in this case was filed on November 23d, 1881, by L. Brewer & Co., Haralson & Co., Wollner, Iiirshberg & Co., T. Prudhomme and others, creditors of Garland M. Dees, against him, and A. O. Danner, George W. Robinson and Benjamin F. McMillan, partners trading -under the firm name of A. C. Danner & Oo., for the purpose of having a certain mortgage and deed executed by Dees to Danner & Oo. declared a general assignment. The case made by the bill, so far as passed on by the court, is as follows: On 18th February, 1880,…
1Opinion of the CourtBrickell, C. J.
Assignments for the benefit of creditors, their validity and operation prior to the adoption of the Code, have been the subject of much contention, and frequent judicial decision. It was regarded'as settled that a debtor, though in failing circumstances, or involved, could convey the whole or a part of his property, by assignment, or by any form of conveyance or transfer, operating, or intended to operate as a security, to pay the whole or a part of his creditors in unequal *198proportions; and the only qualification of the right and power of the debtor, was that the uses must have been…
2Cases cited19 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Duke of Cumberland v. CodringtonNew York Court of Chancery · 1817
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Rapier v. Gulf City Paper Co.Supreme Court of Alabama · 1879
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
14 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Espy v. ComerSupreme Court of Alabama · 1884
- Watts v. Eufaula National BankSupreme Court of Alabama · 1884
- Ellison v. MosesSupreme Court of Alabama · 1891
- Anniston Loan & Trust Co. v. Ward & Co.Supreme Court of Alabama · 1895
- Barrett & Co. v. Pollak Co.Supreme Court of Alabama · 1895
20 more not listed; retrieve them via the Exa API.