Legal Opinion

Nelson v. Garey

Nebraska Supreme Court

Decided January 15, 1884PublishedCited by 9 opinions

Appeal from Valley county. Heard below before Tiffany, J. cited: Giddings v. Sears, 115 Mass., 505. Lininger v. Raymond, 12 Neb., 25. Mussey v. Noyes, 26 Vt., 462. Curtis v. Leavitt, 15 N. Y., 197. Davis v. Anderson, 1 Kelley, 176. Harkraker v. Leiby, 4 Ohio St., 602. Doremus v. O’Harra, 1 Id., 45. Lyon v. MeLlvaine, 24 Iowa, 9. Dodd v. Hills, 21 Kan., 709 Bates v. Coe, 10 Conn., 280. cited: Burrill on Assignments, 220-224. Atkinson v. Jordan, 5 Ohio, 293. VanPatten v. Burr,…

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Appeal from Valley county. Heard below before Tiffany, J. cited: Giddings v. Sears, 115 Mass., 505. Lininger v. Raymond, 12 Neb., 25. Mussey v. Noyes, 26 Vt., 462. Curtis v. Leavitt, 15 N. Y., 197. Davis v. Anderson, 1 Kelley, 176. Harkraker v. Leiby, 4 Ohio St., 602. Doremus v. O’Harra, 1 Id., 45. Lyon v. MeLlvaine, 24 Iowa, 9. Dodd v. Hills, 21 Kan., 709 Bates v. Coe, 10 Conn., 280. cited: Burrill on Assignments, 220-224. Atkinson v. Jordan, 5 Ohio, 293. VanPatten v. Burr, 3 N. W. R., 114.

1Opinion of the CourtReese, J.

The question in this case is, whether there was sufficient evidence before the district court to justify it in bolding that a certain chattel mortgage executed by the assignor to the assignee, on the same day on which a general assignment was made, was in fact a part of the general assignment and that the two were one and the same instrument.

Section 5 of the act of 1877, under which this assignment was made, provides that: “All assignments of property in trust which shall be made by any debtor on account of inability at the time of the assignment to pay his debts, to prefer one or more…

2Cases cited2 opinions

  1. Clopper v. PolandNebraska Supreme Court · 1881
  2. Rosenfield v. ChadaNebraska Supreme Court · 1881

3Cited by9 opinions

  1. Grand Island Banking Co. v. CostelloNebraska Supreme Court · 1895
  2. Hershiser v. W. E. Higman & Co.Nebraska Supreme Court · 1891
  3. William B. Grimes & Co. v. Farrington Bros.Nebraska Supreme Court · 1886
  4. Bonns v. CarterNebraska Supreme Court · 1887
  5. Sweetzer v. HigbyMichigan Supreme Court · 1886

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