Campbell v. Farmers & Merchants Bank
Nebraska Supreme Court
Error from the district court of Johnson county. Tried below before Bush, J. The transfer is void because it assumed to be a preference of creditors of the old bank, which was made solvent by the transaction, as subsequent events demonstrated. (State v. Commercial State Bank, 28 Neb., 677; Lyons v. Perry Stove Mfg. Co., 24 S. W. Rep. [Tex.] 16; Sawyer v. Eoag, 17 Wall. [U. S.], 610; Eibernian Ins. Co. v. St. Louis & New Orleans Transportation Co., 13 Fed.
Read the full summary
Error from the district court of Johnson county. Tried below before Bush, J. The transfer is void because it assumed to be a preference of creditors of the old bank, which was made solvent by the transaction, as subsequent events demonstrated. (State v. Commercial State Bank, 28 Neb., 677; Lyons v. Perry Stove Mfg. Co., 24 S. W. Rep. [Tex.] 16; Sawyer v. Eoag, 17 Wall. [U. S.], 610; Eibernian Ins. Co. v. St. Louis & New Orleans Transportation Co., 13 Fed. Rep., 516; Ingwersen v. Edgcombe, 42 Neb., 740; Tillson v. Downing, 45 Neb., 549.) For the purposes of plaintiff’s case the new bank is the…
1Opinion of the Court
Ragan, C.
In the district court of Johnson county William Campbell sued the Farmers & Merchants Bank of Elk Creek, Nebraska. Campbell in his petition alleged for a first cause of action that the defendant was a banking corporation, organized under the laws of the state, doing business at Elk Creek, Nebraska; that it was the successor of the Bank of Elk Creek, at that place; that on the 20th *146of December, 1890, he deposited $3,000 with the Bank of Elk Creek, for which that institution issued to him a certificate of deposit; that on the 28th of April, 1892, the Farmers & Merchants Bank was…
2Cases cited7 opinions
- Roop v. HerronNebraska Supreme Court · 1883
- Reed Bros. Co. v. First Nat. Bank of Weeping Water.Nebraska Supreme Court · 1895
- Ætna Insurance v. Bank of WilcoxNebraska Supreme Court · 1896
- Richards v. LeveilleNebraska Supreme Court · 1895
- Deitrich v. HutchinsonNebraska Supreme Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Douglas Printing Co. v. OverNebraska Supreme Court · 1903
- Rasmussen v. Trico Feed MillsNebraska Supreme Court · 1947
- Clay, Robinson & Co. v. Douglas CountyNebraska Supreme Court · 1911
- Schott v. MachamerNebraska Supreme Court · 1898
- Lowe v. RileyNebraska Supreme Court · 1898
4 more not listed; retrieve them via the Exa API.