National Bank of the Republic v. Dickinson
Supreme Court of Alabama
Appeal from the chancery court of Barbour. Tried before the Hon. Jere N. Williams. The bill in this case was filed on February 36th, 1892 by the appellant, The National Bank of the Republic, against the appellees, Homer Dickinson, Florence Dickinson, his wife, James, D Rhodes, Mamie C Long, late partners, using the firm name of Long & Rhodes, and S. H. 'Dent, Jr. The complainant files the bill as a creditor of the said Homer Dickinson, his indebtedness being evidenced by a…
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Appeal from the chancery court of Barbour. Tried before the Hon. Jere N. Williams. The bill in this case was filed on February 36th, 1892 by the appellant, The National Bank of the Republic, against the appellees, Homer Dickinson, Florence Dickinson, his wife, James, D Rhodes, Mamie C Long, late partners, using the firm name of Long & Rhodes, and S. H. 'Dent, Jr. The complainant files the bill as a creditor of the said Homer Dickinson, his indebtedness being evidenced by a draft accepted by said Dickinson, and endorsed to complainant, and payable on October 3, 1891, and seeks to have set…
1Opinion of the CourtBrickell, C. J.
The original bill was filed by the appellant, and seeks the vacation of a sale of goods and a transfer of choses in action, made by an insolvent debtor for the payment of pre-existing debts. The principles of law applicable to the case are well definéd, and are not now matter of controversy. A failing or insolvent debtor, unrestrained by statute, may prefer and pay one or more creditors, though the effect of the preference is the hindrance and delay of all other creditors, or the deprivation of all possibility of their payment from the present assets of the debtor ; and it maybe, the result…
2Cases cited1 opinion
- McCord v. TennilleSupreme Court of Alabama · 1886
3Cited by4 opinions
- Federal Land Bank of New Orleans v. RoweSupreme Court of Alabama · 1931
- Alabama Credit Corporation, D/B/A Fidelity Securities Corporation v. Ruth M. DeasCourt of Appeals for the Fifth Circuit · 1969
- United States v. GlascockDistrict Court, N.D. Alabama · 1986
- Greek-American Produce Co. v. PappasAlabama Court of Appeals · 1913