Heyer Bros. v. Bromberg Bros.
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The bill in this case was filed on the 31st May, 1879, by Heyer Brothers, a mercantile firm doing business in Boston, who sued “in behalf of themselves and such other creditors standing in the same position as complainants, who desire to make themselves parties complainants to this bill, and assume their proportion of the costs of the litigationagainst Bromberg Brothers, a partnership doing…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The bill in this case was filed on the 31st May, 1879, by Heyer Brothers, a mercantile firm doing business in Boston, who sued “in behalf of themselves and such other creditors standing in the same position as complainants, who desire to make themselves parties complainants to this bill, and assume their proportion of the costs of the litigationagainst Bromberg Brothers, a partnership doing business in the city of Mobile, and against Frederick Bromberg, who was the father of the two persons composing that firm.…
1Opinion of the CourtStone, J.
— The present case comes before us in a triple aspect, raised in part by the pleadings, and partly on the testimony. Its fate, however, depends mainly on' the pleadings, which we will first consider.
Heyer Brothers appear to have been wholesale merchants doing business in Boston, Massachusetts. Bromberg Brothers were retail traders, having their place of business in Mobile, Alabama. The bill alleges, that in 1876 Heyer Brothers were creditors of Bromberg Brothers, and that the latter firm became embarrassed, and unable to meet their debts promptly; that they professed ability to pay the…
2Cases cited8 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Gordon's Adm'r v. RossSupreme Court of Alabama · 1879
- Micou v. AshurstSupreme Court of Alabama · 1876
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
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3Cited by7 opinions
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Builders' & Painters' Supply Co. v. Lucas & Co.Supreme Court of Alabama · 1898
- Leinkauff v. Frenkle & Co.Supreme Court of Alabama · 1885
- Collier & Jones v. Wood Bros.Supreme Court of Alabama · 1887
- Rochester v. ArmourSupreme Court of Alabama · 1890
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