Weingarten Bros. v. Marcus
Supreme Court of Alabama
Appeal from, the City Court of Birmingham. Heard before the Hon. W. W. Wilkerson. The bill in this case was brought by-Weingarten Bros, and others, as creditors against S. Marcus, Jr., the debtor, and others.
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Appeal from, the City Court of Birmingham. Heard before the Hon. W. W. Wilkerson. The bill in this case was brought by-Weingarten Bros, and others, as creditors against S. Marcus, Jr., the debtor, and others. It was amended by striking out all the defendants except Ike Adler, and by alleging that Marcus had confessed judgment in favor of Adler; that execution issued thereon and was levied on the goods of Marcus which were sold under the execution and purchased by Adler; that these transactions were collusive and fraudulent, and that the debt on which confession of judgment ,was madp was…
1Opinion of the CourtSharpe, J.
— The hill contains ample averments to bring the case within section 818 of the Code. Besides the charge of actual fraudulent intent actuating, the confession of judgment in favor of defendant, it as alleged that the debt upon which the judgment ,was ■ founded was simulated, which fact would of itself vitiate the transaction as against existing creditors. By the.uniform decisions of this court a suit which is collusive, being begun and carried on for the purpose of hindering, delaying or defrauding creditors by the creation of a lien upon the property of-the debtor, or by-placing the property…
2Cases cited8 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Alabama National Bank v. Mary Lee Coal & Railway Co.Supreme Court of Alabama · 1895
- Cartwright v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1890
- Dickinson v. National Bank of the RepublicSupreme Court of Alabama · 1893
- Steiner & Lobman v. Parker & Co.Supreme Court of Alabama · 1895
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3Cited by5 opinions
- First Nat. Bank of Birmingham v. LoveSupreme Court of Alabama · 1936
- Frank S. Blackford, as Trustee in Bankruptcy of Munro-Van Helms Company v. Commercial Credit CorporationCourt of Appeals for the Fifth Circuit · 1959
- Metcalf v. ArnoldSupreme Court of Alabama · 1902
- Anderton v. HiterSupreme Court of Alabama · 1939
- Dobbs Truss Co. v. SutherlandSupreme Court of Alabama · 1952