92 Ala. 452 | Ala. | 1890
The bill was filed by appellees, as creditors of J. S. Sugars & Co., to have a sale of goods and other personalty by the firm to Robert Beachman declared fraudulent and void. The partnership consisted of J. S. Sugars and Geor- ' giana Beachman, the latter being the wife of Robert Beachman, appellant. The agreement for the sale was in writing, and is made exhibit “A” to deposition of Robert Beachman.
This agreement stipulated that the partnership be dissolved, .
A creditor may purchase the goods of an insolvent debtor,, the consideration being the payment of a debt, subject to the conditions expressed in many decisions of this court, and he may also, subject to certain conditions, purchase them for a present money consideration, where, as in the case of Carter Bros. v. Coleman, 84 Ala. 257, the grantee himself, by the terms of his agreement, pays the purchase-money to the creditors of the insolvent debtor, or sees that the insolvent debtor so applies it. — Knowles v. Street, 87 Ala. 360; Hodges v. Coleman, 76 Ala. 103; Rankin v. Vandiver, 78 Ala. 562, and many others.
If the purchaser has knowledge of facts and circumstances; naturally and justly calculated to awaken suspicion in the mind of a man of ordinary care and prudence, of the fraudulent intent of the seller, it is sufficient to charge him with notice of such intent.—Lehman, Durr & Co. v. Kelly, 68 Ala.
No property owned by partners as partnership property shall be the subject of exemption against partnership creditors. Code, § 2513. If a dissolution of the partnership is made, not in good faith, but to divert partnership assets from partnership creditors, it is void, and the insolvency of the partnership may be considered in determining whether the dissolution was in good faith. — Bump on Fraud. Con., p. 258-9.
Apply these principles to the facts of the case. The goods were sold on a credit of six and twelve months, terms which necessarily tended to hinder and delay creditors, and leaving lo the vendors a capricious discretion and power as to the future use of the proceeds of the sale. By the very terms of the dissolution and sale to Robert Beachman, expressed in the agreement, each partner was to take out and did take out one thousand dollars in value of the goods, and every dollars worth of goods was placed beyond the reach of creditors. Robert Beachman at night received and carried home the exemptions selected for his wile. There is no pretense that these goods were intended to be applied to the benefit of creditors, and Robert Beachman actively participated in the accomplishment of this purpose, and he did this with the full knowledge of the insolvency of the concern, and of the suits of the creditors instituted, and those exjjected to follow.- His position as salesman in the store, his access to and examination of the boobs, and at all times and for all purposes, the representative, of his wife is’ fully shown. “Acts of parties make manifest their secret intentions.”
Giving- the defendants the benefit of their sworn answers, and the rule of law applicable in such cases (as stated in Croom v. Marshall, 52 Ala. 556), we do not desitate to declare that the legal inference to be drawn from facts proven in this case is, that the entire transaction was conceived and executed for the purpose of defrauding the creditors of J. S. Sugars & Co., and that Robert Beachman assisted in concocting and executing the fraud.
We find no error in the decree or orders of the court, covered by the assignments of errors, and the decree of the court below is affirmed.