Florence Sewing Machine Co. v. Zeigler
Supreme Court of Alabama
Appeal from tbe Chancery Court of Mobile. Heard before the Hon. H. Austill. This was a bill filed by the appellants, The Florence Sewing Machine Company against the appellee, N. A. Zeig-ler, Charles L. Cherry, and william Miller, as the administrator of one Bevault, a former partner of respondent, Zeig-ler ; and sought to set aside, as fraudulent, a conveyance of certain personal property, made by Zeigler, as surviving partner to Cherry.
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Appeal from tbe Chancery Court of Mobile. Heard before the Hon. H. Austill. This was a bill filed by the appellants, The Florence Sewing Machine Company against the appellee, N. A. Zeig-ler, Charles L. Cherry, and william Miller, as the administrator of one Bevault, a former partner of respondent, Zeig-ler ; and sought to set aside, as fraudulent, a conveyance of certain personal property, made by Zeigler, as surviving partner to Cherry. The bill alleged that, under an agreement for the sale of their sewing machines, the appellants had furnished to N. A. Zeigler & Co. a large amount of goods,…
1Opinion of the CourtStone, J.
In Crawford v. Kirksey, 55 Ala. 282, we said, to avoid a sale made upon adequate new consideration— that is, not in payment of a debt — -on tbe alleged ground that it was made with intent to delay, binder, and defraud creditors — tbe creditor attacking tbe sale must show two things : first, that tbe vendor made tbe sale with sucb intent; and, second, that tbe purchaser participated in sucb intent, or knew of its existence, or bad knowledge of some fact calculated to put him on inquiry, and which, if followed up, would have led to tbe discovery that tbe vendor’s intent was fraudulent. We cited…
2Cases cited7 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Frost v. BeekmanNew York Court of Chancery · 1814
- Eyerts v. AgnesWisconsin Supreme Court · 1856
- Boggs v. VarnerSupreme Court of Pennsylvania · 1843
- Paul v. FultonSupreme Court of Missouri · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- JC Jacobs Banking Co. v. CampbellSupreme Court of Alabama · 1981
- Weber v. RothchildOregon Supreme Court · 1887
- Cromelin v. McCauleySupreme Court of Alabama · 1880
- Allen v. KaneWashington Supreme Court · 1914
- Angers v. SabatinelliWisconsin Supreme Court · 1940
5 more not listed; retrieve them via the Exa API.