Alabama Warehouse Co. v. Jones
Supreme Court of Alabama
Appeal from Pike Chancery Court. Heard before Hon. H. Austill. The original bill in this cause was filed by the appellant, the Alabama Warehouse Company, and John W. Durr, A. R. Baker and others, its stockholders, against the appellees, U. L. Jones and John R. Lawson.
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Appeal from Pike Chancery Court. Heard before Hon. H. Austill. The original bill in this cause was filed by the appellant, the Alabama Warehouse Company, and John W. Durr, A. R. Baker and others, its stockholders, against the appellees, U. L. Jones and John R. Lawson. The bill averred that, in tbe year 1872, the defendant Jones borrowed of tbe appellant one thousand dollars, and as part of the consideration of said loan, be deposited with said company fifteen The bill also avers, “ that on the 11th day of October, 1873, the said Urban L. Jones executed and delivered to John B>. Lawson, a…
1Opinion of the CourtBrickell, C. J.
1. The amendment removed two of the canses of demurrer to the original bill — the joining the stockholders as complainants with the corporation; and the relief prayed in reference to the pledge of the bonds of the city of Troy. The remaining ground of demurrer was not well taken. A creditor having a pledge for the payment of a debt, is not bound if he assails as fraudulent a subsequent conveyance by the debtor to other creditors, or asserts that it is a general assignment, in the benefits of which, he and all other creditors are entitled to participate, to offer to relinquish the pledge; or…
2Cases cited2 opinions
- Mayor v. LordSupreme Court of the United States · 1870
- Winter v. Quarles' Adm'rsSupreme Court of Alabama · 1869
3Cited by12 opinions
- Stein v. McGrathSupreme Court of Alabama · 1900
- Comer v. LimbaughSupreme Court of Alabama · 1952
- Rapier v. Gulf City Paper Co.Supreme Court of Alabama · 1881
- Henderson v. StinsonSupreme Court of Alabama · 1922
- Ladd v. SmithSupreme Court of Alabama · 1894
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