Gassenheimer v. Kellogg & Shedden
Supreme Court of Alabama
' Appeal from tbe City Court of Montgomery. Tried before tbe Hon. A. D. Sayre. This is a creditor’s bill. It alleges that Seligman purchased goods of complainants to a considerable amount which is unpaid; that he being in failing circumstances and in contemplation of insolvency procured attachments to issue in favor of Levoir and the Merchants & Planters Nat.
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' Appeal from tbe City Court of Montgomery. Tried before tbe Hon. A. D. Sayre. This is a creditor’s bill. It alleges that Seligman purchased goods of complainants to a considerable amount which is unpaid; that he being in failing circumstances and in contemplation of insolvency procured attachments to issue in favor of Levoir and the Merchants & Planters Nat. Bank; that the debt claimed by Levoir was fictitious and the debt claimed by the bank was also fictitious in part; that prior to the levy of the attachments Gassenlieimer was a confidential clerk and kinsman of Seligman and pretended to…
1Opinion of the Court
DOWDELL/ J..
— The bill alleges actual fraud in the transaction between Seligman and Gassenheimer, which transpired in June, 1897. This rendered the transaction void as to subsequent creditors.-Seals v. Robinson, 75 Ala. 369; William et al. v. Spragins, Buck & Co., 102 Ala. 424.
The allegations of the bill as to the attachment sued out by Levoir, are that it is based upon a simulated and fictitious claim, which did not in reality exist; and the same allegations as to the hank’s attachment to the extent of half of the demand sued on. Both attachments ■'are'chárged to have been procured by…
2Cases cited14 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
- Hinds v. HindsSupreme Court of Alabama · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Frank S. Blackford, as Trustee in Bankruptcy of Munro-Van Helms Company v. Commercial Credit CorporationCourt of Appeals for the Fifth Circuit · 1959
- Birmingham Trust & Savings Co. v. SheltonSupreme Court of Alabama · 1935
- Belleview Cemetery Co. v. FaulksSupreme Court of Alabama · 1917
- Carothers v. WeaverSupreme Court of Alabama · 1930
- Spear v. Virginia-Carolina Chemical CorporationSupreme Court of Alabama · 1932
3 more not listed; retrieve them via the Exa API.