Bromberg Bros. v. Heyer Bros.
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. IT. Austill. Tbe bill in this case was filed by Heyer Bros., “ on behalf of themselves and such other creditors standing in the same position. as complainants,” against Ernest Bromberg and Charles LBromberg, late partners trading under the firm name of Bromberg Bros., and against Frederick Bromberg, seeking, in one aspect of the bill, to have set aside as fraudulent and void a bill, of sale of a stock of goods made by…
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Appeal from Mobile Chancery Court. Heard before Hon. IT. Austill. Tbe bill in this case was filed by Heyer Bros., “ on behalf of themselves and such other creditors standing in the same position. as complainants,” against Ernest Bromberg and Charles LBromberg, late partners trading under the firm name of Bromberg Bros., and against Frederick Bromberg, seeking, in one aspect of the bill, to have set aside as fraudulent and void a bill, of sale of a stock of goods made by Bromberg Bros, to Frederick Bromberg, and an account; and claiming on behalf of themselves and such other creditors as stand…
1Opinion of the CourtSomeryille, J.
The several grounds of demurrer interposed by the appellants to the bill in this case were properly overruled by the chancellor. The first, second, third and fifth causes were mere “ spealcmg demurrers,” based on the averred contents of a writing or document entirely variant from the allegations of the bill. A demurrer must be based upon, matter apparent on the face of the bill, and cannot be supported by ■any new fact or foreign matter alleged by the defendant. — Story’s Eq. Plead. §§ 447-452. The doctrine of craving oyer of written insruments, and of demurring if a material variance appears…
2Cases cited4 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Evans v. WelchSupreme Court of Alabama · 1879
- Gaylords v. KelshawSupreme Court of the United States · 1864
- Reynolds v. WelchSupreme Court of Alabama · 1872
3Cited by13 opinions
- Oden v. KingSupreme Court of Alabama · 1927
- Chavers v. MayoSupreme Court of Alabama · 1918
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1888
- Dickinson v. National Bank of the RepublicSupreme Court of Alabama · 1893
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
8 more not listed; retrieve them via the Exa API.