Exchange National Bank v. Stewart
Supreme Court of Alabama
Appeal from Montgomery City court. Heard before Hon. A. D. Sayre. Action by Mose W. Stewart, trustee in bankruptcy, against the Exchange National Bank of Montgomery and the Union Bank & Trust Company. Prom a judgment overruling demurrers to the bill, defendants appeal.
Read the full summary
Appeal from Montgomery City court. Heard before Hon. A. D. Sayre. Action by Mose W. Stewart, trustee in bankruptcy, against the Exchange National Bank of Montgomery and the Union Bank & Trust Company. Prom a judgment overruling demurrers to the bill, defendants appeal. The bill alleges: That the Conecuh Pine Lumber & Manufacturing Company was a corporation under the laws of Alabama, and on the 4th of -Tune, 1907, it was adjudged to be a bankrupt, and the' complainant was appointed the trustee on the 24th day of June, 1907, and qualified as such on June 25th; that the Exchange National Bank of…
1Opinion of the CourtDowdell, J.
In its simple analysis the bill is a creditor’s bill to set aside an alleged fraudulent transfer of the property by an insolvent debtor and for an accounting, and as such contains equity.
It is no objection to the bill that the creditor may have his action at law for money had and received. The bill is authorized under the statute. — Code 1907, § 3739.
The bill is properly filed in the name of the trustee in bankruptcy. As such he stands in the place of the *224creditors, and may recover in any case where the creditors could have recovered.
Money is leviable property, and, when fraudulently disposed…
2Cases cited6 opinions
- Hall v. HendersonSupreme Court of Alabama · 1899
- Hall & Farley, Trustees v. Alabama Terminal & Improvement Co.Supreme Court of Alabama · 1904
- Henderson v. HallSupreme Court of Alabama · 1901
- Wimberly v. Montgomery Fertilizer Co.Supreme Court of Alabama · 1901
- Hill Bros. v. MooneSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ex Parte CowartSupreme Court of Alabama · 1917
- Webb v. ButlerSupreme Court of Alabama · 1915
- Lambert v. AndersonSupreme Court of Alabama · 1932
- Minor v. SumnerIndiana Court of Appeals · 1923
- Greil v. StollenwerckSupreme Court of Alabama · 1918
4 more not listed; retrieve them via the Exa API.