Jaggers v. Howell
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; Robt. C. Brickell, Judge. Bill by A. P. Howell and others, as simple contract creditors, against the Hartsell Oil & Fertilizer Company and C. O. Jaggers to dissolve a corporation, and for the appointment of a receiver for the collection of the company’s assets and their distribution among the creditors. From a decree overruling the demurrers interposed by Jaggers, he appeals.
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Appeal from Circuit Court, Morgan County; Robt. C. Brickell, Judge. Bill by A. P. Howell and others, as simple contract creditors, against the Hartsell Oil & Fertilizer Company and C. O. Jaggers to dissolve a corporation, and for the appointment of a receiver for the collection of the company’s assets and their distribution among the creditors. From a decree overruling the demurrers interposed by Jaggers, he appeals. The bill alleges that complainants are simple contract creditors of the corporation, that the corporation is insolvent, and that the appellant, C. O. Jaggers. and others who are…
1Opinion of the CourtSomerville, J.
[1] The bill of complaint is qbviously filed by complainants as contract creditors, and the allegation that they aye also stockholders in the respondent corporation is not material to its purpose, and does not affect its equity, nor render it inconsistent or multifarious.
[2] Being filed under section 3509 of the Code to marshal and administer the assets of an insolvent corporation as a trust fund for the benefit of creditors, it is not necessary that complainants should show that they are judgment creditors, either for the maintenance of the bill in general or for the collection of debts due…
2Cases cited5 opinions
- Pankey v. LippmanSupreme Court of Alabama · 1914
- Dickinson v. TraphaganSupreme Court of Alabama · 1906
- Hundley v. HewittSupreme Court of Alabama · 1916
- Drennen v. JenkinsSupreme Court of Alabama · 1913
- Nelson v. HolcombSupreme Court of Alabama · 1914
3Cited by3 opinions
- Sugar Factories Const. Co. v. FiesSupreme Court of Alabama · 1925
- Leyden v. Calhoun Co-Op. Creamery Co.Supreme Court of Alabama · 1931
- People's Auto Co. v. Manufacturers' Finance Acceptance Corp.Supreme Court of Alabama · 1933