Goldthwaite v. Janney
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. On July 6, 1891, the firm of Moses Bros., composed of H. C., A. H. and M. L. Moses, made a general assignment to certain named trustees of all their property, for the benefit of their creditors.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. On July 6, 1891, the firm of Moses Bros., composed of H. C., A. H. and M. L. Moses, made a general assignment to certain named trustees of all their property, for the benefit of their creditors. The trustees named in this general assignment filed a bill in the chancery court of Montgomery county, praying that said court take jurisdiction of the matters relative to said assignment, and govern, control and direct' the trustees, the propperty and interests of Moses Bros, and their creditors, as would best…
1Opinion of the CourtHaralson, J.
The sole question for decision in this case, as respects the rights of the Abraham petitioners is, whether the property in question belonged to the individuals composing the firm of Moses Brothers, or to the firm itself; and Goldthwaite, receiver, has, also, an equal interest in the determination of that question. If it was individual property, it must be distributed among the individual creditors of that insolvent firm; but if in equity it belonged to the partnership, it is to be distributed, with the other property belonging to the firm, to its creditors. There was real estate, the title to…
2Cases cited11 opinions
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
- Ellison v. MosesSupreme Court of Alabama · 1891
- Jones, McDowell & Co. v. FletcherSupreme Court of Arkansas · 1883
- Little v. SnedecorSupreme Court of Alabama · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Norman v. BozemanSupreme Court of Alabama · 1992
- Proctor v. HearneSupreme Court of Florida · 1930
- Adams v. BlumenshineNew Mexico Supreme Court · 1922
- H. C. & W. B. Reynolds Co. v. ReynoldsSupreme Court of Alabama · 1914
- First National Bank v. ConnollyOregon Supreme Court · 1942
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