Chicago, Burlington & Quincy Railroad v. Philpott
Nebraska Supreme Court
-Error from the district court of Lancaster county. Tried below before Hall, J. The opinion contains a statement of the case.
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-Error from the district court of Lancaster county. Tried below before Hall, J. The opinion contains a statement of the case. Plaintiff contends that defendant Philpott, by virtue of the statute and his bond, received the condemnation money as an express continuing trust for the benefit of the railroad company, with that duty continuing beyond ■his term; that as such trustee he could not hold adversely to his cestui que trust until demand and refusal to deliver; that the statute of limitations did not begin to run against this express trust until July 1, 1892; that consequently the defendants…
1Opinion of the CourtNorval, J.
This suit is upon the official bond of James E. Philpott, as county judge of Lancaster county. The court below sustained a general demurrer to the petition, and dismissed the action. Plaintiff prosecutes error.
The petition alleges, substantially, that plaintiff is a corporation and, by consolidation with the Burlington *214& Missouri River Railway Company in Nebraska, plaintiff succeeded to all the last named company’s rights, privileges, and property on or about January 1, 1880; that the defendant Philpott was elected county judge of Lancaster county for the term commencing in January, 1880,…
2Cases cited3 opinions
- Alexander v. OvertonNebraska Supreme Court · 1887
- Clelland v. McCumberSupreme Court of Colorado · 1890
- Merriam v. MillerNebraska Supreme Court · 1887
3Cited by3 opinions
- County of Platte v. New Amsterdam Casualty Co.District Court, D. Nebraska · 1946
- Ericsson v. StreitzNebraska Supreme Court · 1937
- Clark v. DouglasNebraska Supreme Court · 1899