Meredith v. Kennard
Nebraska Supreme Court
McCready, being insolvent, made a deed of assignment of all his property to Meredith, in trust for his creditors. He was largely indebted to Kennard shortly before he made the assignment. Thomas P. Kennard, a brother and attorney of the creditor, applied to McCready to secure his debt. After considerable negotiations, McCready gave to the attorney three notes for $1,000 each, made by McMurphy to McCready’s order, and by him indorsed.
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McCready, being insolvent, made a deed of assignment of all his property to Meredith, in trust for his creditors. He was largely indebted to Kennard shortly before he made the assignment. Thomas P. Kennard, a brother and attorney of the creditor, applied to McCready to secure his debt. After considerable negotiations, McCready gave to the attorney three notes for $1,000 each, made by McMurphy to McCready’s order, and by him indorsed. The attorney having delivered these notes to his principals, they retained the same, and at the same time proceeded to enforce their debt by judicial process.…
1Opinion of the Court
Mason, Ch. J.
This action was instituted by Meredith, as assignee of McCready, to recover possession of three promissory notes of one thousand dollars each, made by John A. McMurphy, payable to the plaintiff's assignor or his order, and by him indorsed. The defendants answered denying the special property of Meredith in the notes, denying that the assignment included them, and charged that the same were made for the purpose of hindering and delaying creditors, and plead property in themselves. The cause was tried to a jury, who returned a verdict as follows: “We, the jury in the above entitled…
2Cited by17 opinions
- Bradshaw v. StateNebraska Supreme Court · 1885
- Ballard v. StateNebraska Supreme Court · 1886
- Trute v. HoldenNebraska Supreme Court · 1929
- Walrath v. StateNebraska Supreme Court · 1878
- Dunbier v. DayNebraska Supreme Court · 1882
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