Leinkauff v. Frenkle & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. Thomas Cobbs. The original bill in this case was filed 30th May, 1881, by Leiukauff & Strauss, and others, as creditors .at large of S. A. Myer & Co., an alleged mercantile partnership formerly engaged in business at Tuskaloosa, Alabama, composed of Solomon Myer and his wife, Sarah A. Myer, against the said S. A. Myer & Co. and Louis Frenkle, who was engaged in business at Mobile,. Ala., under the firm name…
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Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. Thomas Cobbs. The original bill in this case was filed 30th May, 1881, by Leiukauff & Strauss, and others, as creditors .at large of S. A. Myer & Co., an alleged mercantile partnership formerly engaged in business at Tuskaloosa, Alabama, composed of Solomon Myer and his wife, Sarah A. Myer, against the said S. A. Myer & Co. and Louis Frenkle, who was engaged in business at Mobile,. Ala., under the firm name of Louis Frenkle & Co. The complainant creditors sought to set aside, as fraudulent, a conveyance of personal property,…
1Opinion of the CourtStone, C. J.
The sale of S. A. Myer & Co. to Frenkle was certainly gotten up and consummated in very great haste, and without those preliminary formalities which usually attend so grave transactions. To purchase, at a large gross sum, a stock of merchandise, entire, then being sold at retail, and with it all the unpaid dues, including notes and accounts, of the amount or availability of which the purchaser could have no personal knowledge; and this in a few brief hours, and solely on the representation of the seller as to quantity and value, certainly betrays a blind confidence, or recklessness, rarely…
2Cases cited10 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- Cook v. Meyer Bros.Supreme Court of Alabama · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Corey v. WadsworthSupreme Court of Alabama · 1891
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1889
- M. Rosenheim & Son v. Flanders SistersSupreme Court of Iowa · 1901
- Dollins & Adams v. Pollock & Co.Supreme Court of Alabama · 1889
- Stix & Co. v. KeithSupreme Court of Alabama · 1888
3 more not listed; retrieve them via the Exa API.