Moore Bros. v. Cowan
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by A. S. Cowan, as trustee in bankruptcy of the firm of Moore Bros., against the individuals composing such firm, and the American Bonding Company, for breach of a forthcoming bond. Judgment for plaintiff, and defendants appeal.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by A. S. Cowan, as trustee in bankruptcy of the firm of Moore Bros., against the individuals composing such firm, and the American Bonding Company, for breach of a forthcoming bond. Judgment for plaintiff, and defendants appeal. The complaint alleged breach of a bond made by Moore Bros, in a proceeding in bankruptcy wherein -it was sought to have the firm adjudged a bankrupt, and an order issued to the receiver to take possession of their property, under which the property was released to said Moore'Bros, on the…
1Opinion of the CourtAnderson, J.
The gravamen of plaintiff’s complaint, was for the breach of a bond, in that Moore Bros, had been duly adjudged bankrupts before the commencement of the suit and had failed to restore the property reclaimed under the bond or to pay for same. Pleas 1 and 2, both before and after amendment, did not present any facts to abate the suit, because premature]-'brought, nor did the facts therein set up a subsequent defense that should abate the action or that would bar a recovery, and, at most, merely set up suggestions that should suspend the action during the pendency of the *543appeal and until a final…
2Cases cited7 opinions
- Braun v. SauerweinSupreme Court of the United States · 1870
- Oates v. ParishSupreme Court of Alabama · 1872
- Watson v. SimmonsSupreme Court of Alabama · 1890
- Jones v. KnoxSupreme Court of Alabama · 1874
- Hawkins v. NunnellySupreme Court of Arkansas · 1845
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3Cited by8 opinions
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- Aachen & Munich F. I. Co. v. Arabian Toilet Goods Co.Alabama Court of Appeals · 1914
- Moody v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1931
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