Perryman v. Allen
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. John Elliott. This action was brought by James Allen, against Erastus S. Perryman, and was commenced on the 5th December, 1870. Its object was to recover from the defendant his aliquot proportion (alleged to be $352) of a judgment which Garnhart, Whitaker & Sons, and others, had recovered against said Allen, Perryman, and others, and which the plaintiff had paid in full under execution.
Read the full summary
Appeal from the Circuit Court of Mobile. Tried before the Hon. John Elliott. This action was brought by James Allen, against Erastus S. Perryman, and was commenced on the 5th December, 1870. Its object was to recover from the defendant his aliquot proportion (alleged to be $352) of a judgment which Garnhart, Whitaker & Sons, and others, had recovered against said Allen, Perryman, and others, and which the plaintiff had paid in full under execution. This judgment was rendered under the following circumstances: Timberlake & Allen (a firm of which the plaintiff was a member), Perryman, Roberts &…
1Opinion of the CourtBrickell, J.
We will assume, that it can be fairly collected from the agreement described in the pleadings, that the contracting parties had received from their debtors, Parker, Lake & Co., payments or preferences, which they could not retain against an assignee in bankruptcy, and the making or giving of which subjected the debtors to involuntary bankruptcy, at the suit of a creditor not participating in them. We will further assume, that the object of the agreement was to prevent the institution of proceedings in bankruptcy, so that such payments or preferences could be preserved and retained. Proceeding…
2Cited by4 opinions
- Ex Parte Southern Cotton Oil Co.Supreme Court of Alabama · 1922
- Marx v. ClisbySupreme Court of Alabama · 1900
- Gitler v. Russian Company for Sea, River & Land InsuranceAppellate Division of the Supreme Court of the State of New York · 1908
- Ernst Bros. v. HollisSupreme Court of Alabama · 1888