McKeown v. Coogler
Supreme Court of Florida
Appeal from the Circuit Court for Hernando county. John T. McKeown and C. C. Keáthley, the appellants, filed their bill for an injunction against Ooogler (as plaintiff in a judgment against Lowrey and St. Clair) and Mickler, sheriff’, holding an execution issued under said judgment, to restrain the levy and sale of certain tobacco of Lowrey and St. Clair.
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Appeal from the Circuit Court for Hernando county. John T. McKeown and C. C. Keáthley, the appellants, filed their bill for an injunction against Ooogler (as plaintiff in a judgment against Lowrey and St. Clair) and Mickler, sheriff’, holding an execution issued under said judgment, to restrain the levy and sale of certain tobacco of Lowrey and St. Clair. The bill alleges that Lowrey and St. Clair being about to engage in cultivating tobacco and other farming opera-! tions in 1878 applied to appellants as merchants to furnish supplies to aid them in their business, and agreed to pay for such…
1Opinion of the Court
The Chief-Justice
delivered the opinion of the court.
It is an admitted rule that a debtor may give preference to one creditor over another, even if the debtor is in failing circumstances, to the prejudice of the other creditors, there being no fraud on the part of the favored creditor.
There is in the ' answer a direct denial of the fraud alleged ; not only this but the testimony utterly rebuts any idea of fraud on the part of Coogler, whose claim is shown not only by his own testimony, but by the testimony of Lowrey, to be an honest one for supplies furnished to L. & St. C. to enable them to…
2Cases cited3 opinions
- Love v. WilliamsSupreme Court of Florida · 1851
- Sanford v. CloudSupreme Court of Florida · 1880
- Robinson v. YonSupreme Court of Florida · 1859
3Cited by4 opinions
- Malone v. MeresSupreme Court of Florida · 1926
- Ocala Foundary & Machine Works v. LesterSupreme Court of Florida · 1905
- Barnett v. HicksonSupreme Court of Florida · 1906
- Flagship State Bank of Jacksonville v. CarantzasDistrict Court of Appeal of Florida · 1977