Roden & Co. v. Norton & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. John C. Carmichael. The bill in this ease was filed by appellees as simple contract creditors of W. J. Kelso, for themselves and all other creditors of Kelso, who made themselves parties to the hill, attacking as fraudulent and void a mortgage by Kelso to Roden & Co., on a 'stock of merchandise, and a subsequent agreement between them, whereby the stock was disposed of by Kelso for a reward from and as 'the…
Read the full summary
Appeal from the Chancery Court of Jefferson. Heard before the Hon. John C. Carmichael. The bill in this ease was filed by appellees as simple contract creditors of W. J. Kelso, for themselves and all other creditors of Kelso, who made themselves parties to the hill, attacking as fraudulent and void a mortgage by Kelso to Roden & Co., on a 'stock of merchandise, and a subsequent agreement between them, whereby the stock was disposed of by Kelso for a reward from and as 'the agent of Roden & Co., and for the 1'atter’s benefit, and seeking to hold the latter accountable as trustees in invitum…
1Opinion of the CourtHaralson, J.
On the 25th January, 1893, as the evidence shows without dispute, Kelso, was indebted to Roden & Co. in the sum of $762.67; that prior to that date, he was indebted to them in the sum of $1,163.96, but paid them a sum on or about that date which reduced Ills debt to them, |to the amount above stated, and on the 25th January, he gave defendants his -note for that sum, payable on- the 18th February following. Kelso testified for defendants, that he had a visit from Didlake of defendant firm, on the 25th January, who itold him that that'would not do-, referring to the note lie'had' given, and…
2Cases cited11 opinions
- Jackson v. WilsonSupreme Court of Alabama · 1897
- Sims v. GainesSupreme Court of Alabama · 1879
- Heflin v. SlaySupreme Court of Alabama · 1884
- Nance v. NanceSupreme Court of Alabama · 1887
- Chadwick v. CarsonSupreme Court of Alabama · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- American Trust & Savings Bank v. O'BarrAlabama Court of Appeals · 1914
- Gillespie v. McCleskySupreme Court of Alabama · 1909
- Gray & Dudley Hardware Co. v. GuthrieSupreme Court of Alabama · 1917
- Albes v. Keith-Simmons & Co.Supreme Court of Alabama · 1907
- Kimbrough v. AlredSupreme Court of Alabama · 1918
5 more not listed; retrieve them via the Exa API.