Fargason & Co. v. Hall
Supreme Court of Alabama
Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 5th day of November, 1889, by the appellants, J. T. Fargason & Co., against the appellees, and its object was to set aside as fraudulent against his creditors, a sale of a stock of goods and his notes and accounts, made by A. M. Hálito Throne, Franklin, Nance & Adams, and J. S. Beeves & Co., the two defendant firms, to which he was indebted.
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Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 5th day of November, 1889, by the appellants, J. T. Fargason & Co., against the appellees, and its object was to set aside as fraudulent against his creditors, a sale of a stock of goods and his notes and accounts, made by A. M. Hálito Throne, Franklin, Nance & Adams, and J. S. Beeves & Co., the two defendant firms, to which he was indebted. “The material allegations of the bill are, that prior to the 25th of October, 1889, A. M. Hall was a merchant at Cherokee, Alabama,…
1Opinion of the CourtHaealson, J.
There is no dispute between the parties as to the legal principles by which this case is to be decided. They have been so repeatedly declared by this court, as to require but little repetition of them here. There are three inquiries, and only three, to which consideration need be devoted, in a case of this kind, viz., the bonafides of the considertion paid, its sufficiency, and whether or not there was a reservation of benefits to the debtor.—Pollock v. Meyer, 96 Ala. 172; 11 So. Rep. 385; Dawson v. Flash, 97 Ala. 539; 12 So. Rep. 69.
There is no controversy as to the bonafid&s of the debts…
2Cases cited7 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1889
- Pollock v. MeyerSupreme Court of Alabama · 1892
- Rankin & Co. v. Vandiver & Co.Supreme Court of Alabama · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jackson v. Citizens Bank & Trust Co.Supreme Court of Florida · 1907
- Groetter, Weil & Co. v. Norman Bros.Supreme Court of Alabama · 1894
- M. Rosenheim & Son v. Flanders SistersSupreme Court of Iowa · 1901
- Petersdorf v. MalzSupreme Court of Minnesota · 1917
- Troy Fertilizer Co. v. NormanSupreme Court of Alabama · 1894
1 more not listed; retrieve them via the Exa API.