People's Bank v. McAleer
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by Y. B. McAleer, as trustee in bankruptcy, against tbe People’s Bank of Mobile to recover a sum of money alleged to have been paid to the bank by Henry C. Meyer, bankrupt. Judgment for the plaintiff, and defendant appeals.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by Y. B. McAleer, as trustee in bankruptcy, against tbe People’s Bank of Mobile to recover a sum of money alleged to have been paid to the bank by Henry C. Meyer, bankrupt. Judgment for the plaintiff, and defendant appeals. Charge 4 is as follows: “The court charges the jury that if Henry C. Meyer has been adjudged a bankrupt, and the plaintiff has been appointed and qualified as the trustee of the bankrupt estate, then it is not necessary, in order' to entitle the plaintiff to recover in this case, that he should show…
1Opinion of the CourtBrown, J.
This is an action by appellee, suing as trustee in bankruptcy, to recover a sum certain alleged to have been paid by the bankrupt within four months of the filing of his petition in bankruptcy to the appellant, one of his creditors, in extinguishment of an unsecured debt, and under circumstances alleged to constitute the payment a preference within the meaning of the Bankruptcy Law.
[1] In such cases an action at law affords adequate remedy, and a court of equity is without jurisdiction. Brock v. Oliver, 149 Ala. 93, 43 South. 357; Warmath v. O’Daniel et al., 159 Fed. 87, 86 C. C. A. 277, 16…
2Cases cited16 opinions
- Gamble v. Black Warrior Coal Co.Supreme Court of Alabama · 1911
- Warmath v. O'DanielCourt of Appeals for the Sixth Circuit · 1908
- Carter v. FulghamSupreme Court of Alabama · 1901
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1915
- Choctaw, Oklahoma & Gulf Railroad v. HickeySupreme Court of Arkansas · 1907
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3Cited by4 opinions
- Schoenthal v. Irving Trust Co.Supreme Court of the United States · 1932
- Montgomery City Lines, Inc. v. ScottSupreme Court of Alabama · 1946
- Pake v. Lindsey Mill Co.Supreme Court of Alabama · 1922
- Hodge v. Birmingham Electric Co.Supreme Court of Alabama · 1938