Legal Opinion

Tryon v. Flournoy

Supreme Court of Alabama

Decided December 15, 1885PublishedCited by 10 opinions

Appeal from the Chancery Court of Henry. Heard before the Hon. John A. Foster. The bill in this case was filed by Win. IT. Tryon & Co., and others, as creditors of Robt. IT.

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Appeal from the Chancery Court of Henry. Heard before the Hon. John A. Foster. The bill in this case was filed by Win. IT. Tryon & Co., and others, as creditors of Robt. IT. Walker, on the 24th January, 1884. The bill charged that the defendant, Walker, had been carrying on a large mercantile business for a number of years at Columbia, Alabama, and was in possession of and claiming a large amount of property; that, suddenly, on the 24th day of October, 1883, he claimed to have become insolvent, and issued a circular letter to his creditors announcing that fact; that on said date, the said…

1Opinion of the CourtStone, C. J.

It is not contended for appellants that they have made a case for recovery as to the stock of merchandise sold and conveyed to F. M. Walker, O. E. Walker and John A. Hayes. This conveyance, was made on the eve of E. H. Walker’s insolvency, and was an open confession that the latter had failed in business. There is no material conflict in the testimony as to this transaction. The alleged indebtedness of E. H. Walker is shown, and the conveyance was made in absolute payment of such indebtedness. The testimony is that the goods were sold at their reasonable value, and there is an absence of…

2Cases cited10 opinions

  1. Seals v. Robinson & Co.Supreme Court of Alabama · 1883
  2. Eaton, Cole Burnham Co. v. . AveryNew York Court of Appeals · 1880
  3. Crawford v. KirkseySupreme Court of Alabama · 1876
  4. Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
  5. Flewellen v. CraneSupreme Court of Alabama · 1877

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3Cited by10 opinions

  1. McGhee v. Importers & Traders National BankSupreme Court of Alabama · 1890
  2. Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1888
  3. Thompson v. Tower Manufacturing Co.Supreme Court of Alabama · 1888
  4. McDermott v. EbornSupreme Court of Alabama · 1890
  5. First National Bank v. SmithSupreme Court of Alabama · 1890

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