Sayre v. Glenn
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. ' Tried before the Hon. John P. Hubbard. This action, like the preceding, was brought by John Glenn, suing as trustee under appointment by the Chancery Court of Bichmond, Yirginia, against the defendant as a subscriber for stock in the National Express and Transportation Company; but it sought to collect the assessment of thirty per-cent, made by the decree of December 14th, 1880, and was commenced on the 1st November, 1884. The…
Read the full summary
Appeal from the Circuit Court of Montgomery. ' Tried before the Hon. John P. Hubbard. This action, like the preceding, was brought by John Glenn, suing as trustee under appointment by the Chancery Court of Bichmond, Yirginia, against the defendant as a subscriber for stock in the National Express and Transportation Company; but it sought to collect the assessment of thirty per-cent, made by the decree of December 14th, 1880, and was commenced on the 1st November, 1884. The defendant pleaded the general issue, the statutes of limitation of six and ten years, and a special plea averring his…
1Opinion of the CourtSomerville, J.
The questions arising in this case, except the sufficiency of the defense based on the plea of defendant’s bankruptcy, are settled against the appellant in Lehman, Durr & Co. v. Glenn, and Semple v. Glenn, decided at the present term.
*632This plea sets up the fact, that the defendant, Sayre, on petition filed in the proper District Court of the United States, on the first of June, 1870, was duly adjudicated to be a bankrupt, and thereafter, to-wit, on April 22d, 1871, received his certificate of discharge, as provided for by the Bankrupt Law of March 2d, 1867.
To this plea a demurrer was…
2Cases cited7 opinions
- Riggin v. MagwireSupreme Court of the United States · 1873
- Rugely v. RobinsonSupreme Court of Alabama · 1851
- Woodard v. HerbertSupreme Judicial Court of Maine · 1844
- Glenn v. HowardCourt of Appeals of Maryland · 1886
- Glenn v. ClabaughCourt of Appeals of Maryland · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hill v. GrahamColorado Court of Appeals · 1898
- Carey v. MayerCourt of Appeals for the Second Circuit · 1897
- Hill v. GrahamColorado Court of Appeals · 1898