Williams v. Va.-Car. Chem. Co.
Supreme Court of Alabama
Appeal from Elmore Chancery Court. Heard before Hon. W. W. Whiteside. Bill by the Virginia-Carolina Chemical Company against B. A. Williams, for an accounting, and to hold him as trustee in the collection of certain notes. Decree for complainant and respondent appeals. The discharge of the bankrupt was a discharge of all provable debts against him, except such as were reduced to judgment before the discharge. — 17 A.B.
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Appeal from Elmore Chancery Court. Heard before Hon. W. W. Whiteside. Bill by the Virginia-Carolina Chemical Company against B. A. Williams, for an accounting, and to hold him as trustee in the collection of certain notes. Decree for complainant and respondent appeals. The discharge of the bankrupt was a discharge of all provable debts against him, except such as were reduced to judgment before the discharge. — 17 A.B. R. 31; 19 A. B. R. 866; 12 A. B. R. 659; 22 A. B. R. 93; 195 U. S. 176. The filing of the claim against the bankrupt estate and receiving dividends thereon was a waiver of the…
1Opinion of the CourtMayfield, J.
The bill is one for an accounting. It may be treated as one filed by a principal against his agent, or by a beneficiary against the trustee. The bill shows the relation between the parties to be that of principal and agent, though the written evidence thereof denominates the defendant as trustee. The contract certainly creates the relation of principal and agent, as well as that of trust and confidence. The instrument creating the relation between the parties, omitting the list of notes and mortgages delivered by the principal *415to the agent for collection, reads as follows: “Montgomery, Ala.,…
2Cases cited3 opinions
- Crawford v. BurkeSupreme Court of the United States · 1904
- Jackson v. StateAlabama Court of Appeals · 1912
- Sansberry v. StateAlabama Court of Appeals · 1912
3Cited by3 opinions
- Hubbard v. Bibb Brokerage Co.Court of Appeals of Georgia · 1931
- Drennen v. WhiteSupreme Court of Alabama · 1915
- South Atlantic Guano Co. v. ChildsSupreme Court of Alabama · 1924