Harmon v. Lehman, Durr & Co.
Supreme Court of Alabama
Appeal from tbe Chancery Court of Montgomery. Heard before tbe Hon. Thos. W. Coleman. Tbe bill in tbis case was filed on tbe 27tb December, 1886, by John E. Harmon, against Lehman, Durr & Go., partners in trade as warehousemen and commission-merchants in tbe city of Montgomery; and sought to enjoin a sale of lands under a mortgage which the complainant and his wife had executed to the defendants, and for an account and redemption, charging usury.
Read the full summary
Appeal from tbe Chancery Court of Montgomery. Heard before tbe Hon. Thos. W. Coleman. Tbe bill in tbis case was filed on tbe 27tb December, 1886, by John E. Harmon, against Lehman, Durr & Go., partners in trade as warehousemen and commission-merchants in tbe city of Montgomery; and sought to enjoin a sale of lands under a mortgage which the complainant and his wife had executed to the defendants, and for an account and redemption, charging usury. The defendants answered, denying the charge of .usury, and asking a foreclosure of the mortgage, as under cross-bill regularly filed. The mortgage…
1Opinion of the CourtSomebville, J.
We have studied the record and the able opinion of the chancellor in this case with great care and interest, and the result is that we approve and adopt the chancellor’s views in every respect save those hereafter noticed. We direct that his opinion in extenso be published in the report of our decision.
Both the testimony and the arguments of counsel tend to show that the inquiry, whether John F. Harmon, or Harmon Bros, were principals in the debt to Lehman, Durr & Co., was deemed important in the preparation of this cause. We confess we are not able to perceive its importance. But, if we…
2Cases cited8 opinions
- Cockle v. FlackSupreme Court of the United States · 1877
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Uhlfelder & Co. v. Carter's Adm'rSupreme Court of Alabama · 1879
- Matthews v. . CoeNew York Court of Appeals · 1877
- Woolsey & Sons v. Jones & Bro.Supreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dudley v. Colonial Lumber Co.Supreme Court of Alabama · 1931
- Darden v. SchuesslerSupreme Court of Alabama · 1907
- Boyd & Co. v. Jones & PopeSupreme Court of Alabama · 1892
- Ready-Mix Concrete & Concrete Products Co. v. PerryMississippi Supreme Court · 1960
- Lehman, Durr & Co. v. ComerSupreme Court of Alabama · 1889
5 more not listed; retrieve them via the Exa API.