Sunday Creek Coal Co. v. Burnham
Nebraska Supreme Court
Error from the district court of Lancaster county. Tred below before Strode, J. The opinion contains a statement of the case. A purchaser of goods from a debtor, knowing or chargeable with notice of the debtor’s fraudulent intent, is not a purchaser in good faith, and such a sale is void as to creditors.
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Error from the district court of Lancaster county. Tred below before Strode, J. The opinion contains a statement of the case. A purchaser of goods from a debtor, knowing or chargeable with notice of the debtor’s fraudulent intent, is not a purchaser in good faith, and such a sale is void as to creditors. (Bolivian v. Lucas, 22 Neb., 813; Temple v. Smith, 13 Neb., 513; Jones v. Loree, 37 Neb., 816; Beidler v. Crane, 22 111. App., 538.) A purchaser’s knowledge of the seller’s intent to defraud creditors need not be positive information or notice of such fact, but may be inferred from knowledge…
1Opinion of the CourtHarrison, J.
It appears herein, from the allegations of the petition filed, that the plaintiff recovered a judgment in the district court of Lancaster county against Gorham F. Betts and William H. Weaver, partners in business under the name and style of Betts & Weaver, for a sum stated in the petition; that such proceedings were had to collect said judgment, that the defendants appeared in court and made answers as garnishees in regard to property, etc., of the firm of Betts & Weaver in their possession or under their control, which answers were to the plaintiff unsatisfactory, and this suit was…
2Cases cited17 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Potter v. McDowellSupreme Court of Missouri · 1860
- Bamberger v. SchoolfieldSupreme Court of the United States · 1895
- Kuykendall ex rel. Middleton, Perry & Co. v. McDonaldSupreme Court of Missouri · 1852
- State ex rel. Holliday v. BenoistSupreme Court of Missouri · 1866
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3Cited by4 opinions
- Marchbanks v. McCulloughNew Mexico Supreme Court · 1942
- Lockren v. RustanNorth Dakota Supreme Court · 1899
- Brittain, Smith & Co. v. BurnhamSupreme Court of Oklahoma · 1900
- Holt Manufacturing Co. v. BenningtonWashington Supreme Court · 1913