Shulman, Goetter & Weil v. Graves
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by Vm. D. Graves, against Louis Goetter, David Weil, and Louis Shulman, who are described in the summons, but not in the complaint, as “late partners doing business in the name of Shulman, Goetter & Wail;” and was commenced on the 3d July, 1878. The summons and complaint were served on Goetter and Weil, and returned not found as to Shulman; but the action -was treated as a…
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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by Vm. D. Graves, against Louis Goetter, David Weil, and Louis Shulman, who are described in the summons, but not in the complaint, as “late partners doing business in the name of Shulman, Goetter & Wail;” and was commenced on the 3d July, 1878. The summons and complaint were served on Goetter and Weil, and returned not found as to Shulman; but the action -was treated as a suit against the partnership. The complaint contained only a single count, which was in these words; “The plaintiff…
1Opinion of the CourtBrickell, C. J.
The act of Congress declares : “The provisions of a composition, accepted by such resolution, in pursuance of this section, shall be binding on all the creditors whose names and addresses, and the amounts of the debts due to whom, are shown in the statement of the debtor produced at the meeting at which the resolution shall have been passed, but shall not affect or prejudice the rights of any other creditors.” A former clause renders it the duty of the bankrupt to produce to the meeting of creditors, at which the resolution of composition is adopted, “a statement showing the whole of his…
2Cases cited6 opinions
- T & B General Contracting, Inc. v. Ballenger Corp. (In Re T & B General Contracting, Inc.)United States Bankruptcy Court, M.D. Florida · 1981
- Mabry v. HerndonSupreme Court of Alabama · 1846
- Lathrop v. StuartU.S. Circuit Court for the District of Ohio · 1850
- Oates v. ParishSupreme Court of Alabama · 1872
- In Re PikeUnited States Bankruptcy Court, W.D. Kentucky · 1981
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