Legal Opinion

West v. Cowan

Supreme Court of Alabama

Decided November 7, 1914PublishedCited by 6 opinions

Appeal from Jefferson Chancery Court. Heard before Hon. H. A. Benners. Bill by A. S. Cowan, as trustee in bankruptcy of the West Clothing Company, against Thomas F. West, There was a decree granting relief to complainant, and defendant appeals, and complainant brings cross-appeal. The matters referred to in the cross-bill as being proper matters of set-off are in the shape of proof of a preferred claim, filed by the said West 'against the'estate of the.

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Appeal from Jefferson Chancery Court. Heard before Hon. H. A. Benners. Bill by A. S. Cowan, as trustee in bankruptcy of the West Clothing Company, against Thomas F. West, There was a decree granting relief to complainant, and defendant appeals, and complainant brings cross-appeal. The matters referred to in the cross-bill as being proper matters of set-off are in the shape of proof of a preferred claim, filed by the said West 'against the'estate of the. West Clothing Company for salary for the months of May and June, amounting to the sum of $183.31, a copy of which-is set out, and also the…

1Opinion of the CourtGardner, J.

In June, 1912, the West Clothing Company, a corporation organized in the year 1910, under the laws of Alabama, was adjudicated a bankrupt, and A. S. Cowan was subsequently duly elected trustee in bankruptcy of said estate. The bill alleges that as such trustee complainant has been duly authorized to bring this suit. Thomas F. West is sole defendant; and it is alleged that he was a director, the *142president, a large stockholder, and the manager of said corporation from the time of its organization until its adjudication in bankruptcy.

By the bill the complainant, as shell trustee, seeks to fasten…

2Cases cited7 opinions

  1. Murray & Peppers v. DickensSupreme Court of Alabama · 1906
  2. Winter v. ElmoreSupreme Court of Alabama · 1889
  3. McDonald v. CarnesSupreme Court of Alabama · 1890
  4. Alabama Lumber Co. v. CrossSupreme Court of Alabama · 1907
  5. Morris v. Bank of AttallaSupreme Court of Alabama · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Howton v. MathiasSupreme Court of Alabama · 1916
  2. Hale v. KinnairdSupreme Court of Alabama · 1917
  3. Burnett Bean v. MillerSupreme Court of Alabama · 1921
  4. Ex Parte CrossSupreme Court of Alabama · 1945
  5. Walker v. Trotter Bros.Supreme Court of Alabama · 1915

1 more not listed; retrieve them via the Exa API.

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