Broadnax v. Bradford & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. L. B. Smith. This action was brought by Geo. P. Bradford & Co., suing as partners, against J. T. Broadnax and H. W. Broadnax, as late partners doing business under the name of J. T. Broadnax & Co.; and was founded on several promissory notes executed by the defendants to the plaintiffs, for goods sold on a credit, and on the accounts which were the consideration of the notes.
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Appeal from the Circuit Court of Greene. Tried before the Hon. L. B. Smith. This action was brought by Geo. P. Bradford & Co., suing as partners, against J. T. Broadnax and H. W. Broadnax, as late partners doing business under the name of J. T. Broadnax & Co.; and was founded on several promissory notes executed by the defendants to the plaintiffs, for goods sold on a credit, and on the accounts which were the consideration of the notes. The plaintiffs were wholesale merchants in New York city, and the defendants were doing business at Eutaw, in Greene county, Alabama. The debts were all…
1Opinion of the CourtB. F. Saffold, J.
The 33d section of the bankrupt law of 1867 provides, that “ no debts created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act; but the debt may be proved, and the dividend 'thereon shall be a payment on account of said debt.” The classes of debts enumerated are put on the same footing of retention against the bankrupt. Their character is not ascertained by the bankrupt court, and therein reserved against him. They need not be presented, except for the dividend. They must…
2Cases cited3 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Marsh v. FalkerNew York Court of Appeals · 1869
- Jackson ex dem. Brayton & Dunham v. BurchinNew York Supreme Court · 1817
3Cited by5 opinions
- Gregory v. WilliamsSupreme Court of Kansas · 1920
- Storie v. StateCourt of Criminal Appeals of Alabama · 1980
- M. C. Kiser Co. v. GeraldAlabama Court of Appeals · 1920
- Hamilton v. ReynoldsIndiana Supreme Court · 1882
- Howland v. CarsonOhio Supreme Court · 1876