Beachman v. Aurora Silver Plate Mfg. Co.

Decision Date31 July 1895
Citation110 Ala. 555,18 So. 314
CourtAlabama Supreme Court
PartiesBEACHMAN ET AL. v. AURORA SILVER PLATE MANUF'G CO.

Appeal from city court of Decatur; W. H. Simpson, Judge.

Bill by the Aurora Silver Plate Manufacturing Company against Robert Beachman and another to subject to the payment of debts due complainant certain goods transferred to defendant Beachman in fraud of creditors. From a decree for complainant defendants appeal. Affirmed.

The allegations of the bill are that in January, 1890, Sugars &amp Co. transferred their stock of jewelry, etc., to Robert Beachman, without any adequate consideration, and that the purpose of said transfer was to hinder, delay, and defraud the creditors of said J. S. Sugars & Co. The bill further alleges the recovery of judgment by appellees against J. S Sugars & Co. for $235 and costs of suit. It further alleges that the goods transferred to Robert Beachman, and other goods belonging to J. S. Sugars & Co., have been converted by Robert Beachman and Annie J. Sugars. On the 16th day of September, 1893, the defendants appeared and filed a joint and several answer, denying the allegations of the bill, and on the 6th of February, 1894, the defendant Robert Beachman filed an amendment to the answer, in which he sets up that on the 8th of February, 1890, Koch & Dreyfus with others, as complainants, filed a bill similar to the bill in the present cause, and for a like purpose; that said cause of Koch &amp Dreyfus and others was decided against him and the other defendants, and that the decree of said court was afterwards affirmed by the supreme court, and the stock of goods bought by him was held liable and condemned to the payment of the debts of complainants in that cause; that he paid off and discharged the debts due the complainants in that cause, and all costs; and that the stock of goods which he bought of J. S. Sugars & Co. did not exceed in value more than $1,250, and that, in effect, the goods held by him under said sale, and the estate created in him as trustee in invitum for the creditors of J. S. Sugars & Co., had been duly and completely administered upon in that cause, and that he was not liable in this case to the complainants. On the final submission of the cause, on the pleadings and proof, the judge of the city court, as chancellor, decreed that the conveyance from J. S. Sugars & Co. to the respondent Robert Beachman was fraudulent and void, and that the complainants were entitled to the relief prayed for. The respondents, Robert Beachman and Annie J. Sugars, appeal from this decree, and assign the same as error.

Speake & Russell, for appellants.

E. W. Godbey, for appellee.

HEAD J.

The record presents but a single question on the merits, and that is one of fact. To this, counsel on both sides have mainly addressed their arguments. The...

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11 cases
  • Hall v. First Bank of Crossville
    • United States
    • Alabama Supreme Court
    • May 18, 1916
    ... ... et al. v. Riley, 169 Ala. 433, 53 So. 816; Beachman ... v. Aurora Silver Plate Mfg. Co., 110 Ala. 555, 18 So ... ...
  • Gilley v. Denman
    • United States
    • Alabama Supreme Court
    • December 4, 1913
    ... ... 346, 7 So. 241; Beacham v. A.S.P ... Mfg. Co., 110 Ala. 555, 18 So. 314; Davis v ... Vandiver, 160 ... ...
  • Anthony v. Seed
    • United States
    • Alabama Supreme Court
    • April 10, 1906
    ... ... v. Alston, 122 Ala. 630, 25 So. 225; Beachman v ... Aurora Silver Plate Mfg. Co., 110 Ala. 555, 18 So ... ...
  • Roe v. Doe ex dem. McCarty
    • United States
    • Alabama Supreme Court
    • November 12, 1908
    ... ... Such ... is not the case here. Beachman v. Aurora Silver Plate ... Co., 110 Ala. 555, 18 So. 314 ... ...
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