Legal Opinion

John V. Farwell Co. v. Wright

Nebraska Supreme Court

Decided November 21, 1893No. 5033PublishedCited by 7 opinions

Error from the district court of Buffalo county. Tried below before Hamer, J. The opinion contains a statement of the case. The mortgages were voluntarily made without the knowledge of some of the mortgagees. By the mortgages Wright & Gregg conveyed all their property. The mortgages were, therefore, fraudulent and void, as being against the assignment law of this state. (Ch. 6, Comp. Stats.; White v. 'Cotzhausen, 9 Supreme Ct. Rep., 309; Kellog v.. Biehardson, 19 Fed.

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Error from the district court of Buffalo county. Tried below before Hamer, J. The opinion contains a statement of the case. The mortgages were voluntarily made without the knowledge of some of the mortgagees. By the mortgages Wright & Gregg conveyed all their property. The mortgages were, therefore, fraudulent and void, as being against the assignment law of this state. (Ch. 6, Comp. Stats.; White v. 'Cotzhausen, 9 Supreme Ct. Rep., 309; Kellog v.. Biehardson, 19 Fed. Rep., 70; Kerbs v. Ewing, 22 Fed.. Rep., 693; Freund v. Yaegerman, 26 Fed. Rep., 812; Liming v. Kyle, 31 Neb., 649; Straw v.…

1Opinion of the Court

Ragan, C.

On May 4, 1891, William E. Wright and Charles H. Gregg, under the copartnership name of Wright & Gregg, were engaged in mercantile business in the city of Kearney, Nebraska; and on said date, being largely indebted and in failing circumstances, they executed chattel mortgages on their stock of merchandise as follows: (1) To the Kearney National Bank, $3,575.00; (2) to L. C. Gregg, $1,207.75; (3) to Seigel &Bro., $2,970.95; (4) to Super, Marshall & Co., $635.82. These mortgages were all duly filed on said date in the office of the county clerk of Buffalo county, and possession of the…

2Cases cited6 opinions

  1. Jones v. LoreeNebraska Supreme Court · 1893
  2. Hershiser v. W. E. Higman & Co.Nebraska Supreme Court · 1891
  3. Kilpatrick-Koch Dry Goods Co. v. McPheelyNebraska Supreme Court · 1893
  4. Hamilton v. IsaacsNebraska Supreme Court · 1892
  5. Kellogg v. SecordMichigan Supreme Court · 1879

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3Cited by7 opinions

  1. Grand Island Banking Co. v. CostelloNebraska Supreme Court · 1895
  2. T. A. Shaw & Co. v. Robinson & Stokes Co.Nebraska Supreme Court · 1897
  3. Luikart v. TidrickNebraska Supreme Court · 1934
  4. Dempster Mill Manufacturing Co. v. First National BankNebraska Supreme Court · 1896
  5. Lake v. HathawaySupreme Court of Kansas · 1907

2 more not listed; retrieve them via the Exa API.

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