Myers v. Conway & Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. II. A. Sharpe. The appellees in this case, J. M. Conway & Co., suing as partners, commenced suit by attachment, on the 29th November, 1887, against M. J. Mullane; and the attachment was levied by the sheriff, on the same day, as shown by his return, “upon the stock of goods, wares and merchandise, consisting of dress goods,” &c., “fixtures, and all other property in store No. 2, 118 Second Avenue, subject to…
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Appeal from the City Court of Birmingham. Tried before the Hon. II. A. Sharpe. The appellees in this case, J. M. Conway & Co., suing as partners, commenced suit by attachment, on the 29th November, 1887, against M. J. Mullane; and the attachment was levied by the sheriff, on the same day, as shown by his return, “upon the stock of goods, wares and merchandise, consisting of dress goods,” &c., “fixtures, and all other property in store No. 2, 118 Second Avenue, subject to levies heretofore made in favor of” several other creditors. On the 6th December, 3 887, a claim to the goods and other…
1Opinion of the CourtSomerville, J.
The question is, whether the assignment made to the appellant, as trustee, for the benefit of the. *111creditors of the assignor, passed the title of the goods before the levy of the attachment. The instrument is drawn in the usual form, with the addition of the following clause: “But the party of the first part, in making this assignment, reserves-to himself any and all exemptions to which he is entitled under the laws of the State.” It is shown that the merchandise-went into the possession of the assignee before the levy of the appellees’ attachment. Does the clause above stated render the…
2Cases cited6 opinions
- Alley v. DanielSupreme Court of Alabama · 1883
- Jessup v. . HulseNew York Court of Appeals · 1860
- Shirley v. TealSupreme Court of Alabama · 1880
- Gray v. RaibornSupreme Court of Alabama · 1875
- Block Bros. v. MaasSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Woods v. StateCourt of Criminal Appeals of Alabama · 1975
- Frank v. MyersSupreme Court of Alabama · 1892
- Tobias & Co. v. Treist & Co.Supreme Court of Alabama · 1893
- Wetzler v. PattersonCalifornia Court of Appeal · 1925
- Brinson v. EdwardsSupreme Court of Alabama · 1891
5 more not listed; retrieve them via the Exa API.