Union Pacific Railway Co. v. Douglas County Bank
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Wakeley, J. The facts are stated by the commissioner. Any assignment of the contract was subject to all equities, not only between the parties thereto, but to all equities which third persons could enforce against the assignor.
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Appeal from the district court of Douglas county. Heard below before Wakeley, J. The facts are stated by the commissioner. Any assignment of the contract was subject to all equities, not only between the parties thereto, but to all equities which third persons could enforce against the assignor. (2 Pomeroy, Equity Jurisprudence [2d ed.], sees. 703, 708, 709; Davies v. Austen, 1 Yes. [Eng.], 247; Bush v. Lathrop, 22 N. Y., 535; Trustees of Union College v. Wheeler, 61 N. Y., 105; Green v. Warnick, 64 N. Y., 22Q; 2 Wharton, Contracts, sec. 842.) The employes have an equity in the contract or…
1Opinion of the Court
Irvine, C.
In 1887 Mrs. S. F. Wells entered into a contract with the Union Pacific Railway company, whereby Mrs. Wells undertook to load, unload, and transfer from car to car all freight necessary to be so transferred, to and from the cars of the Union Pacific Railway and its connecting lines at Council Bluffs. Mrs. Wells was required to furnish all employes necessary for the purpose, and the railway company provided certain facilities in the way of platforms, tools, and switching. The compensation for this work was at a specified rate per ton and was payable monthly, not later than the tenth…
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