107 Tenn. 451 | Tenn. | 1901
The bill in this cause is filed to impeach a decree pronounced against complainant in the case of Keck Manufacturing Company v. V. B. Thayer et al., and Champenois v. V. B. Thayer et al. This decree was for large sums of money, and
. The bills in the two causes in which the decree was rendered were filed by creditors of V. B. Thayer, of Memphis, who had a short time before made two assignments of his stock of merchandise to one Barchas as assignee. The complainants, who were creditors of Thayer, assailed these instruments on many grounds not material to be mentioned in the present case. The bills also alleged that Bar-chas, after having sold a considerable part of the stock at private sale, had advertised that he would receive bids for the remnant of the same on - February 15, 1893; that the defendant, Thayer, in company with four others, one of these, being the present complainant, Thompson, had applied for and were granted by the proper authority, a charter to carry on a mercantile business in the name of the “Thayer Jewelry Company,” and to this company, when organized, the assignee had transferred as purchaser so much of the stock as then remained in his hands. The bills then alleged that no one of the parties, who thus joined Thayer in setting on foot this corporation, had more than one share of its stock, and that 'the money to pay for this share had been furnished the respective shareholders by
From this recital we think it unnecessary to enter into an argument to show that it is inoperative. The mere comparison of the decree with the pleadings of itself demonstrates that it is coram non judice. At this day and on this point, it is only necessary to refer to the case of Bank v. Carpenter,
The decree of the Chancellor, avoiding the decree in question, is affirmed.