Smith v. McCadden
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. William H. Simpson. This cause is before this court upon an appeal from a decree overruling demurrers filed, in the court below in behalf of W. F. Struve, Jr., and O. A. Smith, respondents.
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Appeal from the Chancery Court of Madison. Heard before the Hon. William H. Simpson. This cause is before this court upon an appeal from a decree overruling demurrers filed, in the court below in behalf of W. F. Struve, Jr., and O. A. Smith, respondents. The original bill was filed in behalf of McCadden & McElwee, a New Jersey corporation, and of all other creditors who might become parties complainant, and contribute to the costs and expenses of the suit against Wilfred Paley and Robin L. Paley, individually, and as partners composing the firm of the British Furniture Co., O. A. Smith and…
1Opinion of the CourtTyson, J.
The other members of the court hold that the bill is well filed; that the facts alleged make a case within section 2158 of the Code. It is their opinion that Smith was a mere conduit and was used as a mere instrumentality for evading the statute; and that Struve’s attitude toward the Furniture Company, the debtor, was that of a creditor within the meaning of the statute. I can not concur in these views. '
*289' The object sought to be accomplished by the bill is to have a certain mortgage executed by Smith to Struve, both of whom are respondents, declared a general assignment for the benefit of…
2Cases cited9 opinions
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
- Perry Insurance & Trust Co. v. FosterSupreme Court of Alabama · 1877
- Woolsey & Sons v. Jones & Bro.Supreme Court of Alabama · 1887
- Moog v. TalcottSupreme Court of Alabama · 1882
- Shirley v. TealSupreme Court of Alabama · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. YoungSupreme Court of Alabama · 1911
- W. T. Rawleigh Co. v. TimmermanSupreme Court of Alabama · 1920
- Aycock v. Ft. Branch Mill. Co.Supreme Court of Alabama · 1914
- Elliott v. KyleSupreme Court of Alabama · 1912