Legal Opinion

Pollard v. Southern Fertilizer Co.

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 10 opinions

Appeal from tlie Chancery Court of Russell. Heard before the Hon. W. L. Parks. The bill in this case was filed by the appellee, the Southern Fertilizer Company, against J. L. Henry, W. C. Henry and J. L. Pollard, as assignee of I. L. Henry & Brother, a partnership composed of J. L. Henry and W. C. Henry.

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Appeal from tlie Chancery Court of Russell. Heard before the Hon. W. L. Parks. The bill in this case was filed by the appellee, the Southern Fertilizer Company, against J. L. Henry, W. C. Henry and J. L. Pollard, as assignee of I. L. Henry & Brother, a partnership composed of J. L. Henry and W. C. Henry. The complainant prayed that J. L. Pollard be restrained and enjoined from paying out or otherwise disposing of any of the funds that Avere in his hands at the time of the filing of the bill, or that might come into his hands from collections made by him under the authority of the deed of…

1Opinion of the CourtTyson, J.

— This is an appeal from a decree appointing a receiver without notice. The bill seeks to have the assets of the insolvent firm of J. L. Henry & Brother taken from the possession of the assignee, to whom they made an assignment of all their property for the benefit of their creditors. The facts alleged in the bill upon which the complainant predicates its prayer for relief and its cause of action against Henry & Brother, are very loosely stated. The averments are vague and indefinite, and especially is this true as to the disposition of the money by Henry & Brother which complainant alleges…

2Cases cited17 opinions

  1. Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
  2. Bank of Florence v. United States Savings & Loan Co.Supreme Court of Alabama · 1893
  3. Burgess & Co. v. MartinSupreme Court of Alabama · 1895
  4. Ashurst v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
  5. Briarfield Iron Works Co. v. FosterSupreme Court of Alabama · 1875

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3Cited by10 opinions

  1. Gypsy Oil Co. v. SchonwaldSupreme Court of Oklahoma · 1924
  2. Benepe-Owenhouse Co. v. ScheideggerMontana Supreme Court · 1905
  3. Hayes v. Jasper Land Co.Supreme Court of Alabama · 1906
  4. Brooks v. EverettSupreme Court of Alabama · 1960
  5. Culver v. GuyerSupreme Court of Alabama · 1900

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