Howell Bros. v. Roberts
Nebraska Supreme Court
Error to the district court for Harlan county. Tried below before Gaslin, J. The liability is intended as a means of redress for creditors, not as a penalty. (Goodridge v. Rogers, 22 Pick. [Mass.], 497; SacJcett v. Sachett, 8 Id., 320; Adams v. Palmer, 6 Gray [Mass.], 338; Corning v. McCullough, 1 N. Y., 47; Morawetz, Private Corp. [2d Ed.], secs. 873, 877.) It is in the nature of a specialty and does not fall within the statute of limitations.
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Error to the district court for Harlan county. Tried below before Gaslin, J. The liability is intended as a means of redress for creditors, not as a penalty. (Goodridge v. Rogers, 22 Pick. [Mass.], 497; SacJcett v. Sachett, 8 Id., 320; Adams v. Palmer, 6 Gray [Mass.], 338; Corning v. McCullough, 1 N. Y., 47; Morawetz, Private Corp. [2d Ed.], secs. 873, 877.) It is in the nature of a specialty and does not fall within the statute of limitations. (Angelí, Lim. [6th Ed.], sec. 80; Bullard v. Bell, 1 Mason [U. S. O. C.], 243.) cited on the contention that the statute was penal: First Nat. Banh v.…
1Opinion of the CourtMaxwell, J.
This action is brought upon four drafts, each for $1,200, which were drawn upon and accepted by the Nebraska Lumber Company, of Red Cloud. The drafts are dated December 5, 1885, and were payable, respectively, February 10, 1886, February 25, 1886, March 15, 1886, and March 25, 1886. The drafts not being paid, an action was brought on the 28th day of December, 1887, against the defendants, who were the stockholders in the corporation. A demurrer to the petition was sustained in the court below and the action dismissed. The plaintiff in the petition, after stating the incorporation of the…
2Cases cited4 opinions
- Garrison v. . HoweNew York Court of Appeals · 1858
- White v. BlumNebraska Supreme Court · 1876
- Smith & Crittenden v. SteeleNebraska Supreme Court · 1879
- Doolittle v. MarshNebraska Supreme Court · 1881
3Cited by7 opinions
- Globe Publishing Co. v. State BankNebraska Supreme Court · 1894
- Northern Pac. Ry. Co. v. CrowellDistrict Court, D. New Jersey · 1917
- Bourne v. BaerNebraska Supreme Court · 1921
- Singhaus v. PiperNebraska Supreme Court · 1919
- Coy v. JonesNebraska Supreme Court · 1890
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