Lancaster County Bank v. Gililian
Nebraska Supreme Court
Appeal from tbe district court of Lancaster county. Heard below before Hall, J. Tbe facts and issues are stated by tbe commissioner. A voluntary assignment creates a trust for tbe benefit of tbe creditors, and tbe assignee is clothed with power which could not be exercised by tbe assignor.
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Appeal from tbe district court of Lancaster county. Heard below before Hall, J. Tbe facts and issues are stated by tbe commissioner. A voluntary assignment creates a trust for tbe benefit of tbe creditors, and tbe assignee is clothed with power which could not be exercised by tbe assignor. Tbe assignee took tbe property discharged of any claim of tbe appellee, and tbe appellants Lee & Becker, who bought tbe property from tbe assignee, are entitled thereto as against tbe claim of tbe appellee. Commercial Nat. Bank v. Nebraska State Bank, 33 Neb., 305; JLininger v. Raymond, 12 Neb., 170; Smith…
1Opinion of the Court
Irvine, 0.
With the submission of this case on its merits there is also submitted a motion to quash the bill of exceptions. It seems from the record that on the 16th of September, 1893, and within the time fixed for submitting the bill of exceptions, a draft thereof was left at the office of the appellee’s attorney, but not delivered to the attorney himself. It would also seem that the proposed bill of exceptions did not come into the actual possession of the attorney until after the expiration of the time allowed; and it was by him returned, with an objection that it had not been served…
2Cases cited16 opinions
- Stewart v. PlattSupreme Court of the United States · 1879
- Fitzgerald v. BrandtNebraska Supreme Court · 1893
- First National Bank v. BartlettNebraska Supreme Court · 1879
- Union Pacific Railway Co. v. Douglas County BankNebraska Supreme Court · 1894
- Becker v. AndersonNebraska Supreme Court · 1881
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re Great Western Mfg. Co.Court of Appeals for the Eighth Circuit · 1907
- In re Pekin Plow Co.Court of Appeals for the Eighth Circuit · 1901
- Blackman v. Baxter, Reed & Co.Supreme Court of Iowa · 1904
- Blair State Bank v. StewartNebraska Supreme Court · 1898
- Folsom v. Peru Plow & Implement Co.Nebraska Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.