Tallon v. John B. Ellison & Sons
Nebraska Supreme Court
This was a petition in error to reverse a judgment of tlie district court of Douglas county. The facts are substantially as follows: On the eleventh day of November, 1868, R. B. Price and Thomas Tallón, the plaintiff in error, being engaged in business as merchant tailors at Omaha, Nebraska, executed a mortgage on their stock of goods to Jones and Stutsman, of Leavenworth, Kansas, to secure the payment of $5000. The mortgagors remained in possession and continued to sell the…
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This was a petition in error to reverse a judgment of tlie district court of Douglas county. The facts are substantially as follows: On the eleventh day of November, 1868, R. B. Price and Thomas Tallón, the plaintiff in error, being engaged in business as merchant tailors at Omaha, Nebraska, executed a mortgage on their stock of goods to Jones and Stutsman, of Leavenworth, Kansas, to secure the payment of $5000. The mortgagors remained in possession and continued to sell the goods mortgaged. Price and Tallón afterwards dissolved partnership, and the latter continued the business in his own…
1Opinion of the CourtMaxwell, J.
The only alleged error insisted upon in the argument of this cause, was as to ruling of the court below upon the motion to dissolve the attachment issued therein.
The agent of the defendants in error swears in his affidavit that at the time the credit was given, Tallón, although really insolvent, assured him that his entire indebtedness did not exceed the sum of fifteen hundred dollars, and that his stock on hand and debts due largely exceeded his total indebtedness, and it is alleged that the credit was given solely on the strength of these representations. Tallón admits that he stated to the…
2Cases cited3 opinions
- Freeman v. RawsonOhio Supreme Court · 1855
- Divver & Gunton v. McLaughlinNew York Supreme Court · 1829
- Ellison v. TallonNebraska Supreme Court · 1873
3Cited by18 opinions
- Williams v. EvansNebraska Supreme Court · 1877
- C. D. Smith Drug Co. v. Casper Drug Co.Wyoming Supreme Court · 1895
- Gallagher v. M. E. Smith & Co.Nebraska Supreme Court · 1894
- Will T. Little Co. v. Burnham, Hanna, Munger & Co.Supreme Court of Oklahoma · 1897
- Gregory v. WhedonNebraska Supreme Court · 1879
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