Legal Opinion

Cobbs v. Vizard Inv. Co.

Supreme Court of Alabama

Decided May 13, 1913PublishedCited by 12 opinions

Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. On bill filed by tbe Attorney General, the Union Bank & Trust Company, a private banking corporation, ivas declared insolvent, and Cobbs was appointed receiver. The court after hearing the matter allowed the claim of the Vizard Investment Company, and J. B. Cobbs as such receiver appealed from the decree.

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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. On bill filed by tbe Attorney General, the Union Bank & Trust Company, a private banking corporation, ivas declared insolvent, and Cobbs was appointed receiver. The court after hearing the matter allowed the claim of the Vizard Investment Company, and J. B. Cobbs as such receiver appealed from the decree. Counsel discuss the merits of the appeal, with citation of authority in support of their contention that the claim was improperly allowed, but in view of the opinion it is not deemed necessary to here set it out. On the…

1Opinion of the CourtSayre, J.

Creditors of the Union Bank & Trusl Company, a corporation, filed the bill in this case alleging the insolvency of the said Bank & Trust Company, and praying that its assets be decreed to constitute a trust fund for the payment of the claims of all its creditors, and that the same be marshaled and administered for their benefit as provided by section 3509 *374of the Code. Under the bill, and in accordance with its prayer, appellant was appointed receiver. J. S. Kennedy filed his claim as a depositing creditor in the sum of $3,894. His deposit had been made to the credit of “J. S. Kennedy, as…

2Cases cited3 opinions

  1. Thornton v. Highland Avenue & Belt RailroadSupreme Court of Alabama · 1891
  2. Battery Park Bank v. Western Carolina BankSupreme Court of North Carolina · 1900
  3. Dorsey v. SibertSupreme Court of Alabama · 1890

3Cited by12 opinions

  1. Andrew v. Sac County State BankSupreme Court of Iowa · 1928
  2. Clifford v. MontgomerySupreme Court of Alabama · 1919
  3. Bankers' Mortg. Bond Co. v. RosenthalSupreme Court of Alabama · 1932
  4. Coffey v. GaySupreme Court of Alabama · 1914
  5. In Re Fidelity Assurance Ass'nWisconsin Supreme Court · 1945

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