Gilkie & Anson Co. v. Dawson Town & Gas Co.
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Hopewell, J. The opinion contains a statement of the case. Fraud will never be imputed when the circumstances and facts upon which it is predicated may consist with honesty and purity of purpose.
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Appeal from the district court of Douglas county. Heard below before Hopewell, J. The opinion contains a statement of the case. Fraud will never be imputed when the circumstances and facts upon which it is predicated may consist with honesty and purity of purpose. (Bump, Fraudulent Conveyances [3d ed.], 603; Clemens v. Brillhart, 17 Neb., 337.) Where subscriptions for stock are paid in property, a creditor of the corporation who alleges fraud in the transaction must not only prove that there was an overvaluation of the property, but must prove also that such overvaluation was intentional.…
1Opinion of the CourtHarrison, J.
December 26, 1891, this action was instituted by the creditors of the Dawson Town & Gas Company, a corporation formed under the laws of this state, against the corporation and the appellants, stockholders therein, to recover the amounts of judgments in favor of such creditors. The original party plaintiff was the Gilkie & Anson Company, the Crane Company becoming a party plaintiff by intervention. In the original petition the organization and existence as a corporation, of the defendant and also the plaintiff company, was averred, the object and purpose for which the defendant company was…
2Cases cited13 opinions
- Scovill v. ThayerSupreme Court of the United States · 1882
- Coit v. Gold Amalgamating Co.Supreme Court of the United States · 1886
- Elyton Land Co. v. Birmingham Warehouse & Elevator Co.Supreme Court of Alabama · 1890
- Osgood & Moss v. KingSupreme Court of Iowa · 1876
- Jackson v. TraerSupreme Court of Iowa · 1884
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3Cited by5 opinions
- Van Cleve v. BerkeySupreme Court of Missouri · 1898
- Adamant Manufacturing Co. of America v. WallaceWashington Supreme Court · 1897
- R. H. Herron Co. v. ShawCalifornia Supreme Court · 1913
- Van Pelt v. GardnerNebraska Supreme Court · 1898
- Dempster v. AshtonNebraska Supreme Court · 1933