Nicolai-Neppach Co. v. Smith

Petition for rehearing denied September 29, 1936

On Petition eor Rehearing

(60 P. (2d) 979)

BEAN, J.

Counsel for plaintiff has filed a petition for rehearing in this case and urges further consideration. As shown from the memorandum opinion, the question involved is the solvency or insolvency of the Smith & Valley Iron Works Company on the date of plaintiff’s attachment, January 21,1932.

13. Plaintiff for the first time has submitted figures of the assets and liabilities of the Smith & Valley Iron Works Company and struck a balance on the date mentioned. At page 18 of plaintiff’s brief on petition…