Lininger v. Herron
Nebraska Supreme Court
Error to the district court for Gage county. Tried below before Broady, J. Blue Valley BanJc v. Bane & Co., 20 Neb., 294. Gillespie v. Brown & Ryan Bros., 16 Id., 462. Wells Res Adjudicata, Sec. 615. Gee v. Williamson, 27 Am. Dec., 628. Sibbald v. U. 8., "12 Peters, 488. Hiatt v. Broohs, 17 Neb., 33. Adams Co. v. P. B. Co., 55 Iowa, 94. Bonns v. Carter, 20 Neb., •566.
1Opinion of the CourtMaxwell, J.
This case was before this court in 1885, and is reported in 18 Neb., 450. And it was held that, as against other creditors, the plaintiffs acquired by their chattel mortgage ■only the right to have a sufficient amount of the goods sold to satisfy their claims, and the balance was a trust fund for the benefit of other creditors, and the plaintiffs must account for such surplus. The plaintiffs, after taking possession of the store and goods of J. B. Lininger, the debtor, began selling the goods at private sale in payment of the debts alleged to be due the plaintiffs, and it was *198held in effect…
2Cases cited1 opinion
- Lininger v. HerronNebraska Supreme Court · 1885
3Cited by2 opinions
- Chaffee v. Atlas Lumber Co.Nebraska Supreme Court · 1895
- Haltom v. Nichols & Shepard Co.Supreme Court of Oklahoma · 1917