Bell v. Kendall & Co.
Supreme Court of Alabama
Statutory Claim Suit for Stock of Qoocls. Appeal from the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. This was a statutory trial of the right of property in and to a stock of goods, between Kendall & Co., plaintiffs in attachment against Bell & Stallings, and Mrs. S. A. Bell as claimant. 'The plaintiffs’ attachment was levied on the goods on the 27th .September, 1889, while yet in the store-house in which Bell & Stallings had conducted their business.
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Statutory Claim Suit for Stock of Qoocls. Appeal from the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. This was a statutory trial of the right of property in and to a stock of goods, between Kendall & Co., plaintiffs in attachment against Bell & Stallings, and Mrs. S. A. Bell as claimant. 'The plaintiffs’ attachment was levied on the goods on the 27th .September, 1889, while yet in the store-house in which Bell & Stallings had conducted their business. Of the two partners composing the firm of Bell & Stallings, one was the son of Mrs. S. A. Bell, the claimant, and the…
1Opinion of the Court
STONE, C. J
— On September 23, 1889, Bell & Stallings, retail merchants, sold and conveyed their stock of merchandise to Mrs. S. A. Bell, the claimant, and placed it in possession of Thomas, as claimant’s agent. The goods invoiced at about four thousand dollars, and the consideration of the transfer was an alleged indebtedness of about four thousand dollars from Bell & Stallings to Mrs. S. A. Bell. This transfer left Bell & Stallings pretty largely indebted, with no means for paying their debts. In other words, it left them insolvent.
On September 27, 1889 — four days after the transfer to Mrs.…
2Cases cited7 opinions
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