Legal Opinion

Abels v. Planters & Merchants Ins.

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 15 opinions

Appeal from the Chancery Court of Mobile. Heard before the Hon. Tilos. W. Coleman. By virtue of Pearce’s power of attorney, the appellant became .the owner of Pearce’s stock as collateral security.— Winter v. Montgomery Light Co., 89 Ala. 544. A sufficieiit notice of this transfer was given to the Mobile Beal Estate Go., by appellant’s agent, to have authorized a transfer of the stock to appellant on the books of the Beal'Estate Co. — Code, § 1671; Fisher v. Jones, 82 Ala.…

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Appeal from the Chancery Court of Mobile. Heard before the Hon. Tilos. W. Coleman. By virtue of Pearce’s power of attorney, the appellant became .the owner of Pearce’s stock as collateral security.— Winter v. Montgomery Light Co., 89 Ala. 544. A sufficieiit notice of this transfer was given to the Mobile Beal Estate Go., by appellant’s agent, to have authorized a transfer of the stock to appellant on the books of the Beal'Estate Co. — Code, § 1671; Fisher v. Jones, 82 Ala. 117. The Planters & Merchants Ins. Co. were only attaching creditors, and not Iona fide purchasers for value; and, hence,…

1Opinion of the Court

STONE, O. J.

In this case there are cross-assignments of error. Mrs. Mary Abels, the complainant, filed the original bill on 24th day of October, 1889, against the Mobile Real Estate Company and the Planters and Merchants Insurance Company. She alleged that the certificates • for the stock in the Mobile Real Estate Company, the subject-matter of this suit, were regularly transferred to her by Geo. A. Pearce, as collate-al security for a loan made by her to him. This transfer of the certificates by Pearce was accompanied by a power of attorney, properly executed, authorizing a transfer of the…

2Cases cited7 opinions

  1. Wilkinson v. RoperSupreme Court of Alabama · 1883
  2. Gilman, Sons & Co. v. New Orleans & Selma RailroadSupreme Court of Alabama · 1882
  3. Martin, Dumee & Co. v. Brown, Shipley & Co.Supreme Court of Alabama · 1883
  4. Berney National Bank v. Pinckard, DeBardelaben & Co.Supreme Court of Alabama · 1888
  5. Trimble v. FarissSupreme Court of Alabama · 1884

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3Cited by15 opinions

  1. Ex Parte BurchSupreme Court of Alabama · 1938
  2. Faulk & Co. v. Hobbie Grocery Co.Supreme Court of Alabama · 1912
  3. Haralson v. WhitcombSupreme Court of Alabama · 1917
  4. Ex Parte ConradiSupreme Court of Alabama · 1923
  5. Maryland Casualty Co. v. HolmesSupreme Court of Alabama · 1935

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