Moog v. Talcott
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Joi-m A. FosteR. The bill in this case was filed on the 17th January, 1882, by James Talcott, “ in behalf of himself and all other creditors of the late firm of J. Frenkel & Co., who will become parties complainant hereto, and who will contribute to the costs of this cause,” against the persons composing the late firm of J. Frenkel & Co., the partners composing the firm of A. & B. Moog, M. J. Goldsmith, and…
Read the full summary
Appeal from the Chancery Court of Mobile. Heard before the Hon. Joi-m A. FosteR. The bill in this case was filed on the 17th January, 1882, by James Talcott, “ in behalf of himself and all other creditors of the late firm of J. Frenkel & Co., who will become parties complainant hereto, and who will contribute to the costs of this cause,” against the persons composing the late firm of J. Frenkel & Co., the partners composing the firm of A. & B. Moog, M. J. Goldsmith, and several other persons; and sought to set aside several conveyances executed by the said Frenkel Co., individually and as…
1Opinion of the CourtSomeb.yille, J.
In Lehman v. Meyer, 67 Ala. 396, we held a creditors’ bill demurrable, as being repugnant and inconsistent, which was framed in the double aspect of having a conveyance, executed by a debtor, declared, in the one alternative, fromdulent a/iid void, because made to hinder, delay or defraud the creditors of the grantor; and, in the other alternative, seeking to sustain the same conveyance as a general assignment, enuring equally to the benefit of all of his creditors. This decision expressly overruled the case of Crawford v. Kirksey, 50 Ala. 590, in which the opposite conclusion had been…
2Cases cited11 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Gordon's Adm'r v. RossSupreme Court of Alabama · 1879
- Evans v. WelchSupreme Court of Alabama · 1879
- City of Eufaula v. McNabSupreme Court of Alabama · 1880
- Micou v. AshurstSupreme Court of Alabama · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Dozier v. FarriorSupreme Court of Alabama · 1914
- Builders' & Painters' Supply Co. v. Lucas & Co.Supreme Court of Alabama · 1898
- Caldwell v. KingSupreme Court of Alabama · 1884
- Park v. LideSupreme Court of Alabama · 1890
11 more not listed; retrieve them via the Exa API.