Terry v. McCall Co.
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge. Action by the McCall Company against S. L. Terry and others. Judgment for plaintiff and defendants appeal.
1Opinion of the CourtSomerville, J.
The bill of complaint is filed by a judgment creditor of the respondent corporation, Ezell Bros. & Terry Company, against it and the other named respondents, for the purpose of setting aside, as a fraud upon complainant, a sale of the entire stock of merchandise of said corporation to the respondents S. L. Terry and W. R. Hutton.
The case made by the bill is that the parties to said sale did not conform to the requirements of the Bulk Sales Law (Ala. Acts 1911, p. 94), which declares that such nonconformity is presumptive evidence that the transaction was fraudulent as to creditor's. No facts…
2Cases cited2 opinions
- Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
- Johnston Bros. Co. v. WashburnAlabama Court of Appeals · 1917
3Cited by6 opinions
- Crisp v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1932
- Roberts v. NorrellDistrict Court, N.D. Alabama · 1963
- Thomas v. MickleSupreme Court of Alabama · 1934
- Empire Radio Co., Inc. v. BatesSupreme Court of Rhode Island · 1936
- Pizitz Mercantile Co. v. M. Cohen & SonsSupreme Court of Alabama · 1921
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