T. A. Shaw & Co. v. Robinson & Stokes Co.
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Ferguson, J. The facts are stated by the commissioner. The assignments made and the attachment suits commenced by the assignees and levied upon the property of the company, followed by placing the company in the hands of a receiver upon its own application, constituted a general assignment for the benefit of the creditors.
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Error from the district court of Douglas county. Tried below before Ferguson, J. The facts are stated by the commissioner. The assignments made and the attachment suits commenced by the assignees and levied upon the property of the company, followed by placing the company in the hands of a receiver upon its own application, constituted a general assignment for the benefit of the creditors. It was one transaction in the eyes of the law, and the company having attempted to prefer certain creditors, the assignment is void. [Burrotos v. Lelmdorff, 8 la., 96; Yan Patten v. Burr, 52 la., 518; Perry…
1Opinion of the Court
Ryan, C.
In the district court of Douglas county the Robinson & Stokes Company, a corporation, petitioned for and ob*409tained a receiver. In the petition, which -was filed on the 16th day of November, 1892, it was alleged that the defendants, the Commercial National Bank, Anastatia Burnette, and the National Bank of Commerce had each procured to be levied attachments upon the wares and merchandise of the plaintiff, and that, to prevent irreparable loss by reason of certain facts pleaded, it was necessary that the plaintiff’s factory, wherein its goods and wares were situated, should be kept in…
2Cases cited18 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Wabash, St. Louis & Pacific Railway Co. v. HamSupreme Court of the United States · 1885
- Fogg v. BlairSupreme Court of the United States · 1890
- Sherwin v. GaghagenNebraska Supreme Court · 1894
- Jones v. LoreeNebraska Supreme Court · 1893
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3Cited by9 opinions
- Slobodisky v. CurtisNebraska Supreme Court · 1899
- Chicago, Burlington & Quincy Railroad v. Cass CountyNebraska Supreme Court · 1897
- German National Bank v. First National BankNebraska Supreme Court · 1898
- Rawson v. TaylorNebraska Supreme Court · 1903
- Rein v. KendallNebraska Supreme Court · 1898
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