Vila v. Grand Island Electric Light, Ice & Cold Storage Co.
Nebraska Supreme Court
Appeal from the district court for Hall county: John R. Thompson, District Judge.
1Opinion of the Court
Lobingier, C.
On December 6,1900, appellees filed in the district court for Hall county a petition mailing the Grand Island Electric Light, Ice & Cold Storage Company a defendant, alleging that it had, on June 18, previous, mortgaged its plant and other property to appellee Vila for $15,000; that $4,000 of this had been used for other purposes than paying off a prior mortgage as agreed; “that said defend*223ant is now and will be wholly unable to pay the interest or any part thereof to become due on its said mortgage indebtedness on January 1, 1901; that defendant is also wholly without ability or…
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