Steiner v. Scholze
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellants as sureties of their insolvent principal, Emil Lesser, against the appellees ; and sought to have granted to them the benefit of a set-off held by their principal. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellants as sureties of their insolvent principal, Emil Lesser, against the appellees ; and sought to have granted to them the benefit of a set-off held by their principal. The facts of the case are sufficiently stated in the opinion. On the final submission of the cause, on the pleadings and proof, the' chancellor decreed that the complainants were not entitled to the relief prayed for, and ordered their bill dismissed. From this decree the complainants appeal, and assign…
1Opinion of the Court
HEAD, J. —
On June 3, 1890, Herman Scholze recovered a personal judgment, in the city court of Birmingham, against Emil Lesser, from which Lesser appealed to this court, the complainants ’ in the present bill becoming his sureties on the appeal and supersedeas bond. In June, 1891, this judgment was affirmed, this court rendering the usual personal judgment upon the bond, against the appellant and his sureties. On June 16, 1890, Herman Scholze entered upon the record adjacent to the minute entry of the'judgment of Scholze v. Lesser, the following transfer: “For and in consideration of my…
2Cases cited1 opinion
- Birmingham Dry Goods Co. v. Roden & Co.Supreme Court of Alabama · 1895
3Cited by9 opinions
- American Trust & Savings Bank v. O'BarrAlabama Court of Appeals · 1914
- Boyd v. Buffalo Steam Roller Co., New York County Courts1914
- THOMPSON PROP. v. Birmingham Hide & TallowSupreme Court of Alabama · 2004
- Truitt v. CrookSupreme Court of Alabama · 1900
- Taylor v. DwyerSupreme Court of Alabama · 1901
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