Pollock & Co. v. Jones & Co.
Supreme Court of Alabama
Appeal from tlie Circuit Court of Mobile. Tried before tlie Hon. "Wm. E. Olabke. The appellants, J. P. Pollock & Co., brought suit by attachment on March 20, 1890, against Clarance Grove, to recover the sum of 81,643.55-100, claimed to be due from him on account. The writ of attachment was executed by summoning "Winston Jones & Co., and Augustus J. Grove as garnishees. The two garnishees were joined in one summons. They filed separate answers.
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Appeal from tlie Circuit Court of Mobile. Tried before tlie Hon. "Wm. E. Olabke. The appellants, J. P. Pollock & Co., brought suit by attachment on March 20, 1890, against Clarance Grove, to recover the sum of 81,643.55-100, claimed to be due from him on account. The writ of attachment was executed by summoning "Winston Jones & Co., and Augustus J. Grove as garnishees. The two garnishees were joined in one summons. They filed separate answers. The other facts are sufficiently stated in the opinion.
1Opinion of the CourtColeman, J.
The facts show that C. Grove, an insolvent debtor, sold and conveyed his property to Winston Jones & Co., and his brother, A. J. Grove. The consideration of the conveyance was the absolute payment and discharge of an indebtedness to Winston Jones & Co. of five thousand four hundred and fifty-one dollars, and to A. J. Grove of eight thousand dollars, and the assumption by Winston Jones & Co. and A. J. Grove to pay an indebtedness of twelve hundred and- two dollars due J. Pollock & Co., evidenced by two promissory notes, each for six hundred and one dollars, and one Few a debt of two hundred…
2Cases cited3 opinions
- Harmon v. McRaeSupreme Court of Alabama · 1890
- Cross v. SpillmanSupreme Court of Alabama · 1890
- Leinkauff & Strauss v. Forcheimer & Co.Supreme Court of Alabama · 1888
3Cited by1 opinion
- First National Bank v. DimmickSupreme Court of Alabama · 1912