Legal Opinion

Hornthall, Whitehead, Weissman & Co. v. Schonfeld

Supreme Court of Alabama

Decided December 15, 1885PublishedCited by 10 opinions

Appeal from the Chancery Court at Mobile. Heard before the lion. John A. Foster. The bill in this case was filed on the 7th December, 1883, by the several appellants, as creditors of Sigmund Vogel, deceased, against Mrs. Caroline Sehonfeld, Henry Bernstein, and others; and sought, principally, to set aside a conveyance of his stock of goods made by said Vogel to Mrs. Sehonfeld and said Bernstein, on the ground that it was fraudulent as against the complainants and other…

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Appeal from the Chancery Court at Mobile. Heard before the lion. John A. Foster. The bill in this case was filed on the 7th December, 1883, by the several appellants, as creditors of Sigmund Vogel, deceased, against Mrs. Caroline Sehonfeld, Henry Bernstein, and others; and sought, principally, to set aside a conveyance of his stock of goods made by said Vogel to Mrs. Sehonfeld and said Bernstein, on the ground that it was fraudulent as against the complainants and other creditors, to make the said defendants account for the proceeds of sale of such goods as they had disposed of, and to have…

1Opinion of the Court

SOMERVILLE, J.-

The main purpose of the bill is to set aside, as fraudulent, the transfer of a stock of merchandise made by one Vogel to the defendants, Bernstein and Schonfeld, and by them subsequently sold to one Spira. Two other transfers made by Vogel about the same time are also attacked; but the principle involved in each transaction being the same, we propose to confine our discussion chiefly to the first mentioned.

The theory of the bill is, that Vogel, being insolvent, purchased a considerable portion of this stock of merchandise from the complainants, under the false pretense of being…

2Cases cited1 opinion

  1. Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884

3Cited by10 opinions

  1. Harris's AppealSupreme Court of Pennsylvania · 1936
  2. LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
  3. Maxwell v. Brown Shoe Co.Supreme Court of Alabama · 1896
  4. Wollner & Lowenstein v. Lehman, Durr & Co.Supreme Court of Alabama · 1887
  5. Wilk v. Key, Simmons & Co.Supreme Court of Alabama · 1897

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