City Bank & Trust Co. v. Leonard
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. A certain corporation had been declared, at the suit of its creditors, to be insolvent and a final decree had been rendered adjudging it insolvent, and declaring its assets to be a trust fund for the benefit of creditors, and a receiver has been appointed to take charge of same.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. A certain corporation had been declared, at the suit of its creditors, to be insolvent and a final decree had been rendered adjudging it insolvent, and declaring its assets to be a trust fund for the benefit of creditors, and a receiver has been appointed to take charge of same. Thereafter the City Bank & Trust Company filed its petition setting up that it held a mortgage on the property of said insolvent corporation, and requesting* the court to direct the receiver to deliver said property and its income to the…
1Opinion of the CourtMayfield, J.
The K-S Lumber Company filed a bill against the 'Grand United. Order of Galileean Fishermen, an insolvent corporation, seeking to have the funds of the respondent declared a trust fund, and to have them marshaled and administered, as- such, among its creditors. The cause proceeded to a final decree, and the respondent corporation was duly decreed to be insolvent, and its assets were decreed to be a trust fund to be administered for the benefit of the creditors. For the purpose of administering the trust after the decree, the court appointed C. E. Leonard receiver, to take possession and…
2Cases cited14 opinions
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- O'Bear Jewelry Co. v. Volfer & Co.Supreme Court of Alabama · 1894
- Ex parte PrintupSupreme Court of Alabama · 1888
- Corey v. WadsworthSupreme Court of Alabama · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Montgomery B. & T. Co. v. WalkerSupreme Court of Alabama · 1913
- Lamar v. Lincoln Reserve Life Ins. Co.Supreme Court of Alabama · 1930
- Alabama, T. & N. Ry. v. TolmanSupreme Court of Alabama · 1917
- Sherrill v. HutsonSupreme Court of Alabama · 1914
- Warren v. KilgroeSupreme Court of Alabama · 1912
7 more not listed; retrieve them via the Exa API.