Henderson v. Garner
Supreme Court of Alabama
Appeal from Chancery Court, Dale County ; Oscar S. Lewis, Chancellor. Action by W. S. Gamer, trustee in bankruptcy, against J. C. Henderson. From a decree overruling demurrers to the bill, the defendant appeals.
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Appeal from Chancery Court, Dale County ; Oscar S. Lewis, Chancellor. Action by W. S. Gamer, trustee in bankruptcy, against J. C. Henderson. From a decree overruling demurrers to the bill, the defendant appeals. The bill in this cause shows that the Ariton Mercantile Company, a domestic corporation, on October 7, 1915, executed a deed of assignment for the benefit, of creditors, and that on October 8,1915, petition was filed by certain creditors in involuntary bankruptcy in the District Court of the United States at Dothan, Ala., and that on October 80, 1915, said corporation was duly…
1Opinion of the CourtGardner, J.
[1] While the bill avers that the capital stock of the Ariton Mercantile Company was “mainly paid for by ragged remnants of stock-worn merchandise at largely inflated values, turned over to it by the stockholders in payment of their stock, “with only a small portion * * * of the capital stock issued by it paid for in cash,” yet these averments were but thrown in, as we construe the bill, as a mere premise to the allegations which follow as to tire insolvency of the said corporation. This, we think, very clearly appears from the following language used in the immediate connection with the…
2Cases cited13 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Schulte v. Boulevard Gardens Land Co.California Supreme Court · 1913
- Fitzpatrick v. McGregorSupreme Court of Georgia · 1909
- Hall v. HendersonSupreme Court of Alabama · 1899
- German Savings Bank v. WulfekuhlerSupreme Court of Kansas · 1877
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3Cited by4 opinions
- Van Antwerp Realty Corporation v. CookeSupreme Court of Alabama · 1935
- Americanized Finance Corporation v. YarbroughSupreme Court of Alabama · 1931
- Schlozer v. HeckerothSupreme Court of Minnesota · 1928
- Thompson v. City of BirminghamAlabama Court of Appeals · 1927