96 So. 409 | Ala. | 1923
Appellants Killian and Jackson took over the entire stock of goods of R. H. Griggs, a merchant, in satisfaction of claims they had against him, after which creditors filed this bill on behalf of themselves and all others who might come in, praying that the transaction be declared fraudulent and void as to them and, in a separate paragraph, that it be declared a general assignment. These prayers should have been in the alternative, but no objection was taken against the bill on account of this defect. The bill was not multifarious. Smith v. Young,
Griggs was indebted to both Killian and Jackson for merchandise sold by them to him. Their scheme was for Killian to take over the major part of the stock of Griggs as stock consigned by him to Griggs for resale by the latter, the former having retained title until the goods might be resold. The remainder of the stock, thus reduced below the amount of the personal exemption allowed under the Constitution and laws of the state, was sold to Killian and Jackson, or to Killian for himself and Jackson, for $1,000 presently paid.
We are reasonably clear to the conclusion that the defense thus interposed cannot be maintained and that the chancellor was right in decreeing the transaction to be a transfer by the debtor Griggs of all or substantially all of his property for the security of defendants in preference to other creditors; in short, a general assignment under section 4295 of the Code of 1907. True, across the face of the bills of goods shipped by Killian to Griggs from time to time were written — or perhaps partly written and partly printed — the legend, "Consigned to R. H. Griggs. Colbran, Ala." But there is no magic in mere words, and this court has held, in a case where the contract very closely approximated the terms of the contract here, that the transaction so evidenced was not a consignment creating the relation of principal and agent, but vested title in the retailer upon delivery to him. D. M. Ferry Co. v. Hall,
Affirmed.
McCLELLAN, GARDNER, and MILLER, JJ., concur.