Morgan v. Bogue
Nebraska Supreme Court
Error to the district court for Douglas county. The action was brought by Bogue, against Morgan, Greene, and Millard, to set aside an assignment' made by Morgan to Greene for the use of Millard of certain personal property therein described. The cause was heard upon a demurrer to the petition, before Savage, J.; demurrer overruled and defendants standing on their demurrer, a judgment was rendered, declaring the assignment fraudulent and void as to Bogue.
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Error to the district court for Douglas county. The action was brought by Bogue, against Morgan, Greene, and Millard, to set aside an assignment' made by Morgan to Greene for the use of Millard of certain personal property therein described. The cause was heard upon a demurrer to the petition, before Savage, J.; demurrer overruled and defendants standing on their demurrer, a judgment was rendered, declaring the assignment fraudulent and void as to Bogue. The cause was brought up by the defendants below upon a petition in error. The case of Goodrich v. Downs, 6 Hill, 438, is relied upon by the…
1Opinion of the Court
Lakjü, J.
The questions presented in this, case are raised by a general demurrer to the petition.
That the relief demanded by the defendant in error is within the scope of equity cognizance is clear. Being a creditor of Morgan, and having recovered a judgment on his demand, to satisfy which he had caused the property in question to be seized in execution, he was in a situation to question the good faith of the assignment to Greene, and if it were found to be fraudulent to have it set aside as an impediment to the enforcement of his just legal rights. Buck v. Sherman et al., 2 Mich., 176.…
2Cases cited5 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Barney v. . GriffinNew York Court of Appeals · 1849
- Beardsley Scythe Co. v. . FosterNew York Court of Appeals · 1867
- Wilcox v. KassickMichigan Supreme Court · 1851
- Richards v. LevinSupreme Court of Missouri · 1852
3Cited by4 opinions
- Campbell v. Colorado Coal & Iron Co.Supreme Court of Colorado · 1885
- Wasson v. Anglo-Texas Oil Co.Supreme Court of Oklahoma · 1928
- Harvey v. AndersonSupreme Court of Virginia · 1896
- McKenna v. CrowleySupreme Court of Rhode Island · 1888