Kahn v. Peter
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. The bill in this case was filed by the appellant against the appellee on January 3, 1891, and prayed to have a certain conveyance, executed by one George F. Werborn to his brother, Charles Werborn, set aside and annulled as fraudulent against the grantor’s existing creditors, and to have a receiver appointed to take charge of the property conveyed in said deed.
Read the full summary
Appeal from the Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. The bill in this case was filed by the appellant against the appellee on January 3, 1891, and prayed to have a certain conveyance, executed by one George F. Werborn to his brother, Charles Werborn, set aside and annulled as fraudulent against the grantor’s existing creditors, and to have a receiver appointed to take charge of the property conveyed in said deed. The plaintiff filed the bill as. a creditor of said George F. Werborn, as shown by the following facts which are gathered from the averments of the bill: On…
1Opinion of the CourtMcCLELLAN, J.
That the complainant, Bernard Kahn, who now attacks for fraud a bill of sale executed by George F. to Charles Werborn, on October 26, 1886, was fully advised of that transaction immediately after it transpired is not denied. That a part of the consideration for the sale was the assumption by Charles Werborn of an indebtedness of $1,000 from George Werborn to the complainant, that Kahn immediately came to the knowledge ok this fact, looked to Charles for payment, and soon thereafter received payment in full of his debt against George from Charles Werborn, is admitted.. Whether the complainant…
2Cases cited5 opinions
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Williams, Deacon & Co. v. JonesSupreme Court of Alabama · 1884
- Rabitte & Gaudin v. Orr Bros.Supreme Court of Alabama · 1887
- Espy v. ComerSupreme Court of Alabama · 1885
- Leinkauff & Strauss v. Forcheimer & Co.Supreme Court of Alabama · 1888
3Cited by5 opinions
- Moore v. Rochester Weaver Mining Co.Nevada Supreme Court · 1918
- American Book Co. v. StateSupreme Court of Alabama · 1927
- Gaddes v. Pawtucket Institution for SavingsSupreme Court of Rhode Island · 1911
- Robins, Fry & Co. v. WootenSupreme Court of Alabama · 1900
- Russell v. SoperSupreme Court of Alabama · 1936