Owens v. Hobbie & Teague
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed on the 3d January, 1885, by Hobbie & Teague, partners doing business as merchants in the city of Montgomery, as creditors of the late firm of Hunt & Owens, against John A. Hunt, John A. Owens, Mrs. E. Y. Owens, and Mrs. S. E. Hunt; and sought to set aside, on allegations of fraud, a'transfer, and sale of the entire stock of goods belonging to Hunt & Owens, to said…
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Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed on the 3d January, 1885, by Hobbie & Teague, partners doing business as merchants in the city of Montgomery, as creditors of the late firm of Hunt & Owens, against John A. Hunt, John A. Owens, Mrs. E. Y. Owens, and Mrs. S. E. Hunt; and sought to set aside, on allegations of fraud, a'transfer, and sale of the entire stock of goods belonging to Hunt & Owens, to said John A. Owens. The firm of Hunt & Owens was engaged in business as merchants in the town of Greenville, and was at first…
1Opinion of the CourtClopton, J.
— The point of contention between tbe parties, tbe sole question argued by counsel, relates to the bonafides of a sale of the stock of merchandise of the firm of Hunt & Owens to appellant, which the appellees, being creditors, seek by the bill to have declared fraudulent. Whoever may have constituted the firm, partnership creditors have a right to pursue the partnership effects, if they have been fraudulently transferred by those claiming to be the members. The assumption that the case falls within the operation of Hodges v. Coleman, 76 Ala. 103, rests on a misconception or a misapplication…
2Cases cited4 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
3Cited by11 opinions
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Howell v. CardenSupreme Court of Alabama · 1891
- Brinson v. EdwardsSupreme Court of Alabama · 1891
- Christian & Craft Grocery Co. v. Michael & LyonsSupreme Court of Alabama · 1898
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