First National Bank v. Acme White Lead & Color Co.
Supreme Court of Alabama
Aiteal from tlie City Court of Montgomery, in Equity. Heard before tlie Hon. A. I). Sayre. Tlie bill in tliis case,was filed by tbe appellee on November 16, 1898, against tbe appellants. Tbe bill averred tlie following facts, tlie numbers corresponding to tlie separate paragraphs of tbe bill: (1.) That the Builders & Painters Supply Company was organized in 1891 with a capital stock of $30,000, and has continuously done business since then.
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Aiteal from tlie City Court of Montgomery, in Equity. Heard before tlie Hon. A. I). Sayre. Tlie bill in tliis case,was filed by tbe appellee on November 16, 1898, against tbe appellants. Tbe bill averred tlie following facts, tlie numbers corresponding to tlie separate paragraphs of tbe bill: (1.) That the Builders & Painters Supply Company was organized in 1891 with a capital stock of $30,000, and has continuously done business since then. (2.) That in July, 1897, the Supply Company became indebted to complainant in the sum of $193.51, which sum is past due and unpaid, and that prior to…
1Opinion of the CourtTyson, J.
The right of the complainants to maintain this hill depends upon whether the facts alleged, without reference to the conclusions averred by the pleader which cannot be taken into consideration, if true, constitute such a fraud upon their rights as creditors of the Supply Company as entitles them to have the judgment lien owned by the Bank upon the property of the Supply Company declared fraudulent and void.
• The theory of the bill is that the judgment obtained by the Bank against the Supply Company was the result of a collusive suit in which the judgment assailed was obtained, and that the…
2Cases cited3 opinions
- Cartwright v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1890
- Comer v. HeidelbachSupreme Court of Alabama · 1895
- Warren & Co. v. HuntSupreme Court of Alabama · 1896
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- Belzoni Oil Co. v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1908
- First National Bank of Decatur v. PullenSupreme Court of Alabama · 1900
- Stevens v. FeederSupreme Court of Alabama · 1900
- Henderson v. J. B. Brown Co.Supreme Court of Alabama · 1899