Klein v. Miller
Supreme Court of Alabama
Appeal from City Court of Birmingham- Heard before Hon. H. A. Sharpe. The defendant appeals from a decree overruling a demurrer to the bill. insisted that the allegations charging fraud were to ogeneraland stated, conclusions instead of facts. in reply, cited Poliak v. Searcey, 84 Ala. 259; Calhoun v. Hannon, 87 Ala. 277; Lehman v. Greenhuf, 88 Ala. 478; Mobile Bank v. McDonald, 89 Ala. 434; JRolñnson v. Moseley, 93 Ala. 70.
1Opinion of the CourtMcCLELLAN, J.
— -Bill by creditor .to set aside sale of stock of goods by his insolvent debtor as fraudulent and to subject the property to the payment of his and the debts of other creditors. The following are the averments of the bill which are intended to present a case of fraud: “That on the 28 day of November, (1890), said defendant, Leo Klein, made a pretended sale of goods, wares and merchandise (in a certain store) to said Burghard Steiner and Signified Steiner (the other defendants) as Steiner Brothers. Tour, orators aver that said sale was made for a pretended antecedent debt of about ten…
2Cases cited2 opinions
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
- Cartwright v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1890
3Cited by3 opinions
- Hartzog v. Andalusia Nat. BankSupreme Court of Alabama · 1930
- York v. LeverettSupreme Court of Alabama · 1909
- Lamar & Rankin Drug Co. v. JonesSupreme Court of Alabama · 1908