Rankin & Co. v. Vandiver & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. James E. Cobb. This was a trial of the right of property in and to a stock of goods, between the appellants, plaintiffs in attachment against W. T. Duke, and Yandiver & Co. and Bolling & Son as claimants. Said Duke was a merchant engaged in business at Notasnlga, and also carrying on another store at Loachapoka.
Read the full summary
Appeal from the Circuit Court of Macon. Tried before the Hon. James E. Cobb. This was a trial of the right of property in and to a stock of goods, between the appellants, plaintiffs in attachment against W. T. Duke, and Yandiver & Co. and Bolling & Son as claimants. Said Duke was a merchant engaged in business at Notasnlga, and also carrying on another store at Loachapoka. The attachment of Rankin & Co. was sued out on the 20th November, 1885, and was levied the same day on the stock of goods, then in the possession of the claimants as purchasers ; their bill of sale from said Duke, which was…
1Opinion of the CourtSomerville, J.
All the charges requested by the appellants, and refused by the court below, attack for fraud the sale of goods made by Duke to the appellees on November 18th, 1885. The transaction is claimed to be fraudulent, as one made by the seller or debtor with intent to hinder, delay, or defraud liis creditors, he being at the time insolvent and in failing circumstances. It is not denied that the price or consideration paid for the goods was fair and adequate, nor that it was in fact paid. The only objection urged to vitiate the sale is, that the purchasers paid to the seller, as a part of the…
2Cases cited6 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Borland v. MayoSupreme Court of Alabama · 1845
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
- Green v. StateSupreme Court of Alabama · 1877
- Meyer & Co. v. SulzbacherSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Jackson v. Citizens Bank & Trust Co.Supreme Court of Florida · 1907
- Cottingham v. Greely Barnham Grocery Co.Supreme Court of Alabama · 1900
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1889
- Carter Bros. & Co. v. ColemanSupreme Court of Alabama · 1887
- M. Rosenheim & Son v. Flanders SistersSupreme Court of Iowa · 1901
10 more not listed; retrieve them via the Exa API.