Chipman, Calley & Co. v. Stern & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 80th December, 1887, by Henry Stern & Co. and J. Eaust & Son, mercantile partnerships, suing as creditors of Andrew Curtis, a merchant doing business in Mobile under the name of A. Curtis & Co.; against said Curtis, and against Chipman, Calley & Co., a mercantile partnership doing business in Boston, Mass.; and sought to set aside, as fraudulent, a…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 80th December, 1887, by Henry Stern & Co. and J. Eaust & Son, mercantile partnerships, suing as creditors of Andrew Curtis, a merchant doing business in Mobile under the name of A. Curtis & Co.; against said Curtis, and against Chipman, Calley & Co., a mercantile partnership doing business in Boston, Mass.; and sought to set aside, as fraudulent, a conveyance executed by said Curtis to Chipman, Calley & Co., of his entire stock of goods and all other property, excepting…
1Opinion of the CourtClopton, J.
On November 30, 1887, Adam Curtis, a merchant engaged in the retail boot and shoe business in Mobile under the name of A. Curtis & Co., sold and trans*209ferred his entire property, not claimed as exempt, to Chip-man, Calley and Co. Appellees, who were, prior to, and at the time of the sale, creditors of A. Curtis & Co., by the bill assail the transaction as fraudulent. The consideration paid was the payment and satisfaction of an indebtedness due by Curtis & Co. to Chipman, Calley & Co., and their promise and agreement to pay debts due by him to other named persons, amounting in the aggregate…
2Cases cited4 opinions
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- Carter Bros. & Co. v. ColemanSupreme Court of Alabama · 1887
- Rankin & Co. v. Vandiver & Co.Supreme Court of Alabama · 1885
- Felrath v. SchonfieldSupreme Court of Alabama · 1884
3Cited by8 opinions
- Jackson v. Citizens Bank & Trust Co.Supreme Court of Florida · 1907
- Ellison v. MosesSupreme Court of Alabama · 1891
- West. Union Telegraph Co. v. WilsonSupreme Court of Alabama · 1890
- Manker v. Western Union Telegraph Co.Supreme Court of Alabama · 1902
- Curran & Co. v. Olmstead & ScheuingSupreme Court of Alabama · 1893
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