Legal Opinion

Hall v. Henderson

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 13 opinions

Appeal from the City Court of Montgomery, in Equity. - Heard before the Hon. John G. Winter. The bill in this case, was filed by the appellants, Hall & Farley, as trustees, against Fox Henderson and the Alabama Terminal & Improvement Company and the Farley National Bank, to collect a judgment which was recovered by the receivers of the Fai’ley National Bank against the Alabama Terminal & Improvement Company, and subsequently transferred to the complainants.

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Appeal from the City Court of Montgomery, in Equity. - Heard before the Hon. John G. Winter. The bill in this case, was filed by the appellants, Hall & Farley, as trustees, against Fox Henderson and the Alabama Terminal & Improvement Company and the Farley National Bank, to collect a judgment which was recovered by the receivers of the Fai’ley National Bank against the Alabama Terminal & Improvement Company, and subsequently transferred to the complainants. This judgment is sought to be collected from the respondent, Fox Henderson, who, as averred in the bill, has assets of the Alabama…

1Opinion of the Court

HARALSON, J. —

This bill was filed not to administer the assets of an insolvent corporation for the benefit of all its creditors, on the theory, no longer obtaining in this court, that the stock and other property of a corporation is deemed a trust fund for the payment of the debts of the corporation; but it is one by appellants, a single judgment creditor of the corporation, with a return of execution “no property found,” to reach equitable assets of the corporation in satisfaction of their judgment at law, and filed for such purpose on two theories, in reference to the same transaction.

First.…

2Cases cited8 opinions

  1. Hatch v. DanaSupreme Court of the United States · 1880
  2. Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
  3. Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
  4. O'Bear Jewelry Co. v. Volfer & Co.Supreme Court of Alabama · 1894
  5. Bolman v. LohmanSupreme Court of Alabama · 1883

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Hall v. HendersonSupreme Court of Alabama · 1899
  2. Henderson v. HallSupreme Court of Alabama · 1901
  3. Wimberly v. Montgomery Fertilizer Co.Supreme Court of Alabama · 1901
  4. Montgomery Iron Works v. Capital City InsuranceSupreme Court of Alabama · 1902
  5. Roman v. DimmickSupreme Court of Alabama · 1898

8 more not listed; retrieve them via the Exa API.

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