Legal Opinion

Anheuser-Busch Brewing Ass'n v. Morris

Nebraska Supreme Court

Decided January 3, 1893No. 5114PublishedCited by 15 opinions

Appeal from the district court of Richardson county. Heard below before Appelget, J. The plaintiff’s money was a trust fund. It can be followed into the assignee’s hands, and under sec. 24, ch. 6, Comp. Stats., should be paid in full as a preferred claim. (National Bank v. Insurance Co., 104 U. S., 54; Harrison v. Smith, 83 Mo., 210; Peak v. Ellicott, 30 Kan., 156; Englar v. Offutt, 70 Md., 78; Farmers & Mechanics Bank v. King, 57 Pa.

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Appeal from the district court of Richardson county. Heard below before Appelget, J. The plaintiff’s money was a trust fund. It can be followed into the assignee’s hands, and under sec. 24, ch. 6, Comp. Stats., should be paid in full as a preferred claim. (National Bank v. Insurance Co., 104 U. S., 54; Harrison v. Smith, 83 Mo., 210; Peak v. Ellicott, 30 Kan., 156; Englar v. Offutt, 70 Md., 78; Farmers & Mechanics Bank v. King, 57 Pa. St., 202; McLeod v. Evans, 28 N. W. Rep. [Wis.], 173.)

1Opinion of the Court

Norval J.

On July 1, 1889, the Farmers & Merchants Bank of Humboldt made an assignment for the benefit of its creditors. Subsequently, Creighton Morris was elected by the creditors of the bank as assignee of the assigned estate, and qualifiedms such. Claims have been allowed by the county court of Richardson county against the estate aggregating more than double the appraised value of the assigned property. On September 13, 1889, appellant filed its claim as a creditor of said assigned estate to the, amqunt qf $827.83, for moneys collectedly the bank forappellant and not remitted, which was…

2Cases cited4 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  2. The People v. . the City Bank of RochesterNew York Court of Appeals · 1884
  3. Peak v. EllicottSupreme Court of Kansas · 1883
  4. Wilson v. CoburnNebraska Supreme Court · 1892

3Cited by15 opinions

  1. Federal Reserve Bank v. PetersSupreme Court of Virginia · 1924
  2. Whitcomb v. CarpenterSupreme Court of Iowa · 1907
  3. Capital National Bank v. Coldwater National BankNebraska Supreme Court · 1896
  4. Page County v. RoseSupreme Court of Iowa · 1906
  5. State v. Bank of CommerceNebraska Supreme Court · 1898

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