Legal Opinion

Truitt v. Crook

Supreme Court of Alabama

Decided November 15, 1900PublishedCited by 7 opinions

Appeal from tbe City Court of Anniston. Tried before the Hon. James W. Lapsley. • On March 29, 1900, Alf Truitt, the appellant, instituted a suit against J. E. Crook, and counted upon a promissory note due and payable on December 1, 1899. In aid of this suit, plaintiff sued out a writ of garnishment, which was sued out upon the London & Lancashire'Fire Insurance'Company.

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Appeal from tbe City Court of Anniston. Tried before the Hon. James W. Lapsley. • On March 29, 1900, Alf Truitt, the appellant, instituted a suit against J. E. Crook, and counted upon a promissory note due and payable on December 1, 1899. In aid of this suit, plaintiff sued out a writ of garnishment, which was sued out upon the London & Lancashire'Fire Insurance'Company. The garnishee answered, admitting; liability on a fire insurance policy, issued’ to the defendant J. E. Crook oh the 8th day of January, 1900.; the property'covered by insurance having been de-stróyéd'liy fire oh January…

1Opinion of the Court

'TYSON, J.

The transfer -of the policy of insurance assailed as fraudulent is absolute in form. The contention, that it is v-oid, is based solely upon the proposition that it was intended as a security for a debt, which it is admitted was due by the transferor to the transferee. If the evidence establishes this contention, it cannot he a matter of serious controversy, that the transfer ivas invalid as against the plaintiff who was a creditor of the transferor at the time it was made. The principle upon which such a transfer is held void as against creditors, is, that there is a reservation of…

2Cases cited4 opinions

  1. Woodrow v. HawvingSupreme Court of Alabama · 1894
  2. Bryant v. YoungSupreme Court of Alabama · 1852
  3. O'Neil v. Birmingham Brewing Co.Supreme Court of Alabama · 1893
  4. Steiner v. ScholzeSupreme Court of Alabama · 1896

3Cited by7 opinions

  1. York v. StateSupreme Court of Alabama · 1908
  2. Stollenwerck v. Fourth Nat. BankSupreme Court of Alabama · 1921
  3. Milstid v. PenningtonCourt of Appeals for the Fifth Circuit · 1959
  4. Southern Wesco Supply Co. v. HammondAlabama Court of Appeals · 1914
  5. Lewis v. Bank of MobileSupreme Court of Alabama · 1920

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