Legal Opinion

Missouri, Kansas & Texas Trust Co. v. Richardson

Nebraska Supreme Court

Decided February 9, 1899No. 8689PublishedCited by 5 opinions

Appeal from the district court-of Lancaster county. Heard below before Holmes, J. As to the effect of the assignment see: Oonrady v. By-waters, 24 S. W. Rep. [Tex.] 961; Wood, Landlord & Tenant 737; Jackson v. Davis, 5 Cow. [N. Y.] 124; Bliss v. Gardner, 2 111. App. 422; Fletcher v. McFarlane, 12 Mass. 42. General creditor cannot reach assets or set aside transfers.

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Appeal from the district court-of Lancaster county. Heard below before Holmes, J. As to the effect of the assignment see: Oonrady v. By-waters, 24 S. W. Rep. [Tex.] 961; Wood, Landlord & Tenant 737; Jackson v. Davis, 5 Cow. [N. Y.] 124; Bliss v. Gardner, 2 111. App. 422; Fletcher v. McFarlane, 12 Mass. 42. General creditor cannot reach assets or set aside transfers. (McGonncl v. Dickson, 43 111. 99; Scott v. M’Millen, 1 Litt. [Ky.] 302; Southard v. Benner, 72 N. Y. 424; Brown v. Long, T Ired. [N. Car.] 190; Massey v. Gorton, 12 Minn. 83; Dahhnan v. Jacobs, 15 Fed. Rep. 863; Ileyneman v.…

1Opinion of the CourtSullivan, J.

In October, 1891, Theodore F. Barnes was the owner of the Windsor Hotel in the city of Lincoln. The property was incumbered' by two mortgages, the first being for $25,000 and the second for $5,000. The second mortgage was given to, and owned by, the appellant, the Missouri, Kansas & Texas Trust Company. The hotel was leased by Barnes to F. G. Richardson for a term of five years, commencing February 10, 1892, at a monthly rental of $416.66, payable each month in advance. This lease was assigned by.the lessor to the trust company as collateral security for his indebtedness to it; and in order…

2Cases cited7 opinions

  1. People's Savings Bank v. BatesSupreme Court of the United States · 1887
  2. Dormueil v. WardIllinois Supreme Court · 1883
  3. Le Gierse & Co. v. GreenTexas Supreme Court · 1884
  4. Danforth v. SmithSupreme Court of Vermont · 1851
  5. Briggs v. . AustinNew York Court of Appeals · 1891

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

3Cited by5 opinions

  1. McCook National Bank v. MyersNebraska Supreme Court · 1993
  2. Mann v. German-American Investment Co.Nebraska Supreme Court · 1903
  3. Brumbaugh v. JonesNebraska Supreme Court · 1904
  4. First State Bank v. KastleNebraska Supreme Court · 1929
  5. Hulen v. ChilcoatNebraska Supreme Court · 1907

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