Stollenwerck v. Fourth Nat. Bank
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; W. L. Martin, Judge. Bill by the Fourth National Bank of Montgomery against Emma C. Stollenwerck and others, to declare an assginment void as to creditors, and to acquire money paid under it for the benefit of creditors. From a decree granting the relief, respondents appeal.
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Appeal from Circuit Court, Montgomery County; W. L. Martin, Judge. Bill by the Fourth National Bank of Montgomery against Emma C. Stollenwerck and others, to declare an assginment void as to creditors, and to acquire money paid under it for the benefit of creditors. From a decree granting the relief, respondents appeal. The assignment referred to is as follows: “For value received, J. hereby transfer, .assign, and set over to Emma C. Stollenwerck, all my claims and demands of whatsoever kind that I have against the bankrupt estate of John L. Cobbs & Co., a partnership composed of C. C. Cobbs…
1Opinion of the CourtSomerville, J.
[1] The allegations of the bill of complaint are sufficient to show that Mrs. Cobbs’ assignment- to Mrs. Stollenwerek of her anticipated dividends from the estate of John L. Cobbs & Company, then in bankruptcy, was 'void under section 4287 of the Code, as to other creditors, by reason of the separate, secret, and contemporaneous agreement between them whereby a valuable benefit was reserved to the assignor.
The evidence supported the allegations of the bill in this aspect, and the decree of the circuit court overruling the demurrer to the bill and granting the relief prayed, must be. affirmed.
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2Cases cited8 opinions
- Pritchett v. Pollock & Co.Supreme Court of Alabama · 1886
- Hayes v. WestcottSupreme Court of Alabama · 1890
- Loucheim & Co. v. First Nat. Bank of TalladegaSupreme Court of Alabama · 1893
- Sandlin v. RobbinsSupreme Court of Alabama · 1878
- McDowell v. SteeleSupreme Court of Alabama · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Pace v. WainwrightSupreme Court of Alabama · 1942
- Morton Hardware Co. v. BarrancoSupreme Court of Alabama · 1937
- Giles v. IngrumSupreme Court of Alabama · 1991
- Henderson v. SunseriSupreme Court of Alabama · 1937
- Milstid v. PenningtonCourt of Appeals for the Fifth Circuit · 1959
2 more not listed; retrieve them via the Exa API.