Dimmick v. Register
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case ivas filed by the appellees, as creditors ■of the Montgomery Iron Works Company, against the appellants, Dimiclc, Chambers and Baldwin, as transferees of the Montgomery Iron Works Company, and prayed that a refer■ence be had to the register in order to ascertain the amount of the indebtedness of the said Montgomery Iron Works Co., §md that they be paid by the register…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case ivas filed by the appellees, as creditors ■of the Montgomery Iron Works Company, against the appellants, Dimiclc, Chambers and Baldwin, as transferees of the Montgomery Iron Works Company, and prayed that a refer■ence be had to the register in order to ascertain the amount of the indebtedness of the said Montgomery Iron Works Co., §md that they be paid by the register their proportionate share of the amount agreed to be paid by the respondents. 'The defendants demurred to the bill, and…
1Opinion of the CourtStone, C. J.
This case hinges on the written agreement-of the parties, of which we give below all that we deem material to a proper understanding of its terms. Dimick, Chambers and Baldwin purchased the property and effects of the Montgomery Iron Works Company, and in consideration thereof entered into the following stipulations : “The said D.,. C. & B. binding and obligating themselves to assume all valid debts and liabilities of the Montgomery Iron Works Co. of every kind and description, and the said D. 0. & B. hereby agree to bind themselves to organize a new company upon the basis of fifty thousand…
2Cases cited8 opinions
- National Bank v. CommonwealthSupreme Court of the United States · 1870
- Cummings v. National BankSupreme Court of the United States · 1880
- Vincent v. RogersSupreme Court of Alabama · 1857
- Mason v. HallSupreme Court of Alabama · 1857
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Moore v. First National Bank of FlorenceSupreme Court of Alabama · 1903
- National Surety Co. v. GravesSupreme Court of Alabama · 1924
- Potts v. First National BankSupreme Court of Alabama · 1893
- North Alabama Development Co. v. ShortSupreme Court of Alabama · 1893
- Pugh, Stone & Co. v. BarnesSupreme Court of Alabama · 1895
7 more not listed; retrieve them via the Exa API.