Legal Opinion

Richards v. Leveille

Nebraska Supreme Court

Decided February 19, 1895No. 5949PublishedCited by 7 opinions

Appeal from the district court of Douglas county. Heard below before Irvine, J. The facts are stated by the commissioner. If the debt for which the note was given was a partnership debt, then there is no equity in the claim that the execution was not a lien upon the partnership property, because it would only be levying upon property belonging to the partnership for a firm debt, and this could be done whether the execution ran against them individually or as a partnership.

Read the full summary

Appeal from the district court of Douglas county. Heard below before Irvine, J. The facts are stated by the commissioner. If the debt for which the note was given was a partnership debt, then there is no equity in the claim that the execution was not a lien upon the partnership property, because it would only be levying upon property belonging to the partnership for a firm debt, and this could be done whether the execution ran against them individually or as a partnership. (Martin. v.JD avis, 21 la., 335.) Even if the note was the individual debt of the partners, the execution, levied as it…

1Opinion of the Court

Eagan, C.

James Eichards and Gilbert I. Leveille constituted a copartnership under the firm name of Eichards & Co., domiciled in Douglas county, Nebraska, and engaged in the business of contracting and building. . On the 12th of June, 1891, in the county court of said Douglas county, Grommes & Ullrich, a copartnership domiciled in Chicago, Illinois, and dealing in liquors and cigars, recovered a judgment against said James Eichards and Gilbert I. Leveille for the sum of $338.70, on a promissory note theretofore executed by said James Eichards and Gilbert L Leveille to the said Grommes &…

2Cases cited7 opinions

  1. Roop v. HerronNebraska Supreme Court · 1883
  2. People ex rel. Till v. RoyNebraska Supreme Court · 1874
  3. Caldwell v. Bloomington Mnfg. Co.Nebraska Supreme Court · 1885
  4. Deitrich v. HutchinsonNebraska Supreme Court · 1886
  5. Rothell v. GrimesNebraska Supreme Court · 1887

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. PielstickerNebraska Supreme Court · 1929
  2. Rasmussen v. Trico Feed MillsNebraska Supreme Court · 1947
  3. Campbell v. Farmers & Merchants BankNebraska Supreme Court · 1896
  4. Clay, Robinson & Co. v. Douglas CountyNebraska Supreme Court · 1911
  5. Fairbanks, Morse & Co. v. J. L. Welshans & Co.Nebraska Supreme Court · 1898

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API