Berney National Bank v. Guyon & Co.
Supreme Court of Alabama
Appeal from the City Court- of Birmingham, in Equity. Heard before the Hon. W. W. Wiliceeson. The bill in this case was filed on August 26, 1893, by the appellees agaijist the appellant. The material allegations of the bill, upon which the complainants base their right to relief, are sufficiently stated in the opinion.
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Appeal from the City Court- of Birmingham, in Equity. Heard before the Hon. W. W. Wiliceeson. The bill in this case was filed on August 26, 1893, by the appellees agaijist the appellant. The material allegations of the bill, upon which the complainants base their right to relief, are sufficiently stated in the opinion. The fifth section of said bill charges that Steward & Eddy had no legal right to sell out to W. C. Steward, its president, said stock of goods for his assumption to pay its debts; that upon said Steward <& Eddy determining to cease doing business the assets became a trust fund…
1Opinion of the CourtColeman, J.
Complainants, as creditors of Steward & Eddy, a corporation, by the present bill seek to set aside and annul certain transactions entered into be*500tween the said-corporation and W. C. Steward, who was the president, treasurer and owner of nine-tenths of the stock of the corporation; and also a transaction between the said Steward and one I M. Eddy, who was the wife of B. W: Eddy, the manager and secretary of the corporation ; and also a mortgage executed by the said I. M. Eddy to the Berney National Bank, a creditor of said corporation. The bill avers and the evidence shows that on the 14th of…
2Cases cited5 opinions
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
- Corey v. WadsworthSupreme Court of Alabama · 1891
- Bank of St. Marys v. St. John, Powers & Co.Supreme Court of Alabama · 1854
- Goodyear Rubber Co. v. George D. Scott Co.Supreme Court of Alabama · 1892
- Aiken v. SteinerSupreme Court of Alabama · 1893
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- Drain v. F. S. Royster Guano Co.Supreme Court of Alabama · 1936
- Hewett v. Continental Supply of Huntsville, Inc.Supreme Court of Alabama · 1961
- Smith v. LambertSupreme Court of Alabama · 1916