Lininger v. Raymond
Nebraska Supreme Court
Error to thedistrictcourtforLancaster county. Tried-below before Pound, J. The opinion states the case. Assignment cannot be vacated by the defendants by showing that there was fraud or misrepresentation on the part of the debtor in the creation of the debt. Horwitz v. Ellinger, 31 Md., 492. Matlison v. Damerest, 4 Robt., 161. Pearce v. Jackson, 2 R. I., 35. Reinhardt v. Blc. of Ky., 6 B. Mon., 252. Kennedy v. Thorpe, 51 N. Y., 174. S. C. 2nd Daily 258, 3 Abb. Pr.
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Error to thedistrictcourtforLancaster county. Tried-below before Pound, J. The opinion states the case. Assignment cannot be vacated by the defendants by showing that there was fraud or misrepresentation on the part of the debtor in the creation of the debt. Horwitz v. Ellinger, 31 Md., 492. Matlison v. Damerest, 4 Robt., 161. Pearce v. Jackson, 2 R. I., 35. Reinhardt v. Blc. of Ky., 6 B. Mon., 252. Kennedy v. Thorpe, 51 N. Y., 174. S. C. 2nd Daily 258, 3 Abb. Pr. N. S. 131. Waverly Bank v. Halsey, 57 Barb., 249. Sale of goods and taking in payment therefor notes, if done in the ordinary…
1Opinion of the CourtLake, J.
This action was brought to recover the possession of a stock of goods by the plaintiff as assignee. The defendants justified their detention as attaching creditors of the plaintiff’s assignors, and the finding and judgment were in their favor. After a careful review of the case, and of the points made by counsel f&r the defendants, we find no ground upon which that judgment can be upheld.
Most of the questions now presented were before this ■court and decided in the case of Lininger v. Raymond, 9 Neb., 40, and will be treated as settled. The only new question deserving of any notice is whether…
2Cases cited1 opinion
- Lininger v. RaymondNebraska Supreme Court · 1879
3Cited by9 opinions
- Chaffee v. Atlas Lumber Co.Nebraska Supreme Court · 1895
- Grand Island Banking Co. v. CostelloNebraska Supreme Court · 1895
- Bonns v. CarterNebraska Supreme Court · 1887
- Hewitt v. Commercial Banking Co.Nebraska Supreme Court · 1894
- T. A. Shaw & Co. v. Robinson & Stokes Co.Nebraska Supreme Court · 1897
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