Legal Opinion

Kennedy v. Merchants & Miners Bank

West Virginia Supreme Court

Decided May 3, 1910PublishedCited by 3 opinions

Error to Circuit Court, Fayette County. Action by Bettie Kennedy against tbe Merchants’ & Miners’ Bank and others. Judgment for plaintiff, and defendants bring error.

1Opinion of the Court

ROBINSON, PRESIDENT:

Executions were levied on personal property as belonging to the Allegheny Bottling Company, a corporation. These writs were issued on judgments against that company. G. L. Hooper was its president and general manager. While suits were pend- ' ing in which the judgments were obtained he, acting ostensibly for the corporation, sold and transferred to his sister-in-law, Bettie Kennedy, all the property that it owned. ' When the officer took charge of the property under the levies she sought to establish her ownership thereto by petition pursuant to the statute. The justice…

2Cases cited3 opinions

  1. Handley v. StutzSupreme Court of the United States · 1891
  2. Cunningham v. German Ins. BankCourt of Appeals for the Sixth Circuit · 1900
  3. Bias v. AtkinsonWest Virginia Supreme Court · 1908

3Cited by3 opinions

  1. Kearneysville Creamery Co. v. American Creamery Co.West Virginia Supreme Court · 1927
  2. Lathrop v. Columbia Collieries Co.West Virginia Supreme Court · 1911
  3. Shore v. United Auto Supply Co.West Virginia Supreme Court · 1929

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