Harrison v. McCrary
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard beforedbe lion. James B. Clark. This complainant in this case, L. 0. Harrison, and P. ÍL McCrary, the defendant, formed a. mercantile partnership in October, 1851. 5 the business to be conducted in tlie town of Summerfield, in Dallas county, and to continue for the period of five years, unless sooner dissolved by agreement.
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Appeal from the Chancery Court of Dallas. Heard beforedbe lion. James B. Clark. This complainant in this case, L. 0. Harrison, and P. ÍL McCrary, the defendant, formed a. mercantile partnership in October, 1851. 5 the business to be conducted in tlie town of Summerfield, in Dallas county, and to continue for the period of five years, unless sooner dissolved by agreement. On tlie 22d December, 3 853, Harrison bought out McCrary’s interest in the firm,-and employed him, at a fixed salary, to collect the outstanding debts'; and tlie profits and losses of the business up to that time, as shown by…
1Opinion of the CourtR. W. Walker, J.
There was no error in the decree dissolving the injunction. The complainant,admits that he committed a trespass in taking and carrying.away the defendant’s slaves; -.and- he seeks to enj.oin the action for that trespass, -on the ground that the defendant,- is indebted to him on account -of partnership transactions,- and is insol- - v&nf. The well-settled rule, that a creditor at large, or before judgment, is not entitled-to an injunction, to prevent the debtor from fraudulently disposing of his prop---erty, (Wiggins v. Armstrong, 2 Johns. Ch. 144; Mercer v. Downs, Hopkins’ Ch. 305,) would…
2Cases cited2 opinions
- Wiggins v. ArmstrongNew York Court of Chancery · 1816
- Hamilton v. AdamsSupreme Court of Alabama · 1849
3Cited by3 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Daniel v. CokerSupreme Court of Alabama · 1881
- Dean & King v. Elyton Land Co.Supreme Court of Alabama · 1896