Legal Opinion

Drennen v. Jenkins

Supreme Court of Alabama

Decided January 23, 1913PublishedCited by 6 opinions

Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Mary Ann Jenkins, and others against W. M. Drennen to subject to the payment of their claims respondent’s unpaid subscription to stock in the State Bank of Pratt City. From a decree overruling demurfers to the bill respondent appeals.

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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Mary Ann Jenkins, and others against W. M. Drennen to subject to the payment of their claims respondent’s unpaid subscription to stock in the State Bank of Pratt City. From a decree overruling demurfers to the bill respondent appeals. Counsel discuss the averments of the hill and insist that the pay-meat of the indebtedness of appellant to any one other than the receiver would not relieve him from being required to account to the receiver. They insist that the bill fails to show the insolvency of appellant and that…

1Opinion of the CourtMayfield, J.

This is a creditors’ bill. The creditors were depositors in the State Bank at Pratt City, which has been declared insolvent, and for which a receiver has been appointed at the suit of the Attorney General of the state, as is provided for under section 3560 of the Code. The bill seeks to subject the unpaid subscriptions of appellant, a stockholder in the said banking corporation, to the payment of the debts due from the insolvent corporation. The bill alleges that the complainants were depositors in the savings department of the banking corporation ; and, their accounts or demands against the…

2Cases cited3 opinions

  1. McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
  2. Dickinson v. TraphaganSupreme Court of Alabama · 1906
  3. Spence v. ShapardSupreme Court of Alabama · 1877

3Cited by6 opinions

  1. Pankey v. LippmanSupreme Court of Alabama · 1914
  2. Hundley v. HewittSupreme Court of Alabama · 1916
  3. Sugar Factories Const. Co. v. FiesSupreme Court of Alabama · 1925
  4. Cohen v. PavlikSupreme Court of Alabama · 1938
  5. Jaggers v. HowellSupreme Court of Alabama · 1921

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