Sherrill v. Hutson
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by P. R. Hutson as trustee in bankruptcy of the Twin City Installment Company against John W. Sherrill and others, to- have certain transfers of stock set aside as fraudulent, and to recover of such shareholders the money received from the insolvent corporation in the sale of such stock. Prom a decree overruling demurrers to the bill, respondent John W. Sherrill appeals.
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Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by P. R. Hutson as trustee in bankruptcy of the Twin City Installment Company against John W. Sherrill and others, to- have certain transfers of stock set aside as fraudulent, and to recover of such shareholders the money received from the insolvent corporation in the sale of such stock. Prom a decree overruling demurrers to the bill, respondent John W. Sherrill appeals. Under the allegations of the bill and the definition of insolvency the corporation was not insolvent when the transactions took place.—Gorey v.…
1Opinion of the CourtGardner, J.
The bill shows that the complainant in this cause has been duly elected trustee of the bankrupt estate of the Twin City Installment Company, a corporation, which was adjudged a voluntary bankrupt by the District Court of the United States for the Northern Division of Alabama, and that complainant was authorized and empowered by the referee in bankruptcy of said court to file this bill. The bill is filed against appellant John W. Sherrill, J. G. Johnsey, and George W. Mills, stockholders in said corporation, and seeks to have set aside as fraudulent and void transactions whereby said…
2Cases cited10 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Yeend v. WeeksSupreme Court of Alabama · 1893
- Corey v. WadsworthSupreme Court of Alabama · 1891
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
- Atlanta & Walworth Butter & Cheese Ass'n v. SmithWisconsin Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Van Antwerp Realty Corporation v. CookeSupreme Court of Alabama · 1935
- Neuberger v. FelisSupreme Court of Alabama · 1919
- Adcock v. New Crystal Ice Co.Tennessee Supreme Court · 1921
- Hundley v. HewittSupreme Court of Alabama · 1916
3 more not listed; retrieve them via the Exa API.