Stewart v. Mitchell's Adm'x

Opinion of the Court by

Stanley, Commissioner

Affirming.

This suit was brought by W. A. Mitchell against D. D. Stewart to recover $750 agreed to be paid as part of a compromise settlement in proceedings in bankruptcy of the Magnolia Coal Company, an Alabama corporation, whose entire stock was owned by C. B. Teasley, his wife and sister-in-law. Upon a plea of set-off issues were raised as to Teasley’s fraudulent concealment and misrepresentation of the true conditions in the transactions in which Stewart acquired the stock of the corporation and agreed to assume the payment of Mitchell’s claim,…