Pollak Co. v. Muscogee Manufacturing Co.
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. J. N. Williams, Chancellor. The bill alleges that Poliak Company, a corporation carrying on a mercantile business in the city of Montgomery, Alabama, having become insolvent and unable longer to conduct its business, executed a deed of assignment on January 8th, 1894, to W. K. Pelzer and Sigmund Roman.
Read the full summary
Appeal from Montgomery Chancery Court. Heard before Hon. J. N. Williams, Chancellor. The bill alleges that Poliak Company, a corporation carrying on a mercantile business in the city of Montgomery, Alabama, having become insolvent and unable longer to conduct its business, executed a deed of assignment on January 8th, 1894, to W. K. Pelzer and Sigmund Roman. The deed of assignment undertook to convey to said assignees for the benefit of their creditors all the assets of the corporation, subject, however, to certain attachment liens therein recited. That at the time said deed was drawn up…
1Opinion of the Court
HEAD. J.
We think the case made by the original bill is not to be distinguished, in principle, from Rochester v. Armour, 92 Ala. 432. Its averments clearly implicate Poliak & Oo. as aider and abetter in the issuance and levy of-the attachments at a time when that company, having just resolved to immediately execute the general assignment, was proceeding to do so, resulting, in a. few minutes after the attachments were levied, in its actual execution and delivery. The averments connect the two acts, in fact and intent, on the parts of both debtor and attaching creditors, as one transaction, had…
2Cases cited4 opinions
- O'Bear Jewelry Co. v. Volfer & Co.Supreme Court of Alabama · 1894
- Frank v. MyersSupreme Court of Alabama · 1892
- John Shillito Co. v. McConnellIndiana Supreme Court · 1891
- Rochester v. ArmourSupreme Court of Alabama · 1890
3Cited by2 opinions
- Corey v. WadsworthSupreme Court of Alabama · 1897
- Weingarten Bros. v. MarcusSupreme Court of Alabama · 1898