Perkins v. Butler County
Nebraska Supreme Court
Appeal from the district court of Butler county. Heard - below before Wheeler, J. cited: 1 Bates, Partnership, sec. 559; 2 Bates, Partnership, secs. 679, 707, 824; Warren v. Martin, 24 Neb., 273; 3 Pomeroy, Equity Jurisprudence, secs. 1280, 1283. The assets of an insolvent partnership are a trust fund for the payment of partnership creditors. (Till’s Case, 3 Neb., 261; Poop v. Herron, 15 Neb., 73; Caldwell v. Bloomington Mfg.
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Appeal from the district court of Butler county. Heard - below before Wheeler, J. cited: 1 Bates, Partnership, sec. 559; 2 Bates, Partnership, secs. 679, 707, 824; Warren v. Martin, 24 Neb., 273; 3 Pomeroy, Equity Jurisprudence, secs. 1280, 1283. The assets of an insolvent partnership are a trust fund for the payment of partnership creditors. (Till’s Case, 3 Neb., 261; Poop v. Herron, 15 Neb., 73; Caldwell v. Bloomington Mfg. Co., 17 Neb., 489; Rothell v. Grimes, 22 Neb., 526; Smith v. Jones, 18 Neb., 481, Baúles v: Steele, 27 Neb., 138.) A surviving partner, or a partner who succeeds to the…
1Opinion of the Court
Irvine, C.
In 1889 William J. Chidester and C. F. Barras were copartners under the name of Chidester & Barras. In that *113year they entered into a contract with Butler county for the construction of a court house, for which they were to receive $47,700. The contract provided for the payment to Chidester & Barras each month of eighty-five per cent on materials furnished and labor performed during the month, the remaining fifteen per cent to be paid after the work was completed. Some time after this contract was entered into work was begun on the court house and continued by Chidester & Barras…
2Cases cited21 opinions
- Lyman v. City of LincolnNebraska Supreme Court · 1894
- Sample v. HaleNebraska Supreme Court · 1892
- Hayden v. CretcherIndiana Supreme Court · 1881
- Roop v. HerronNebraska Supreme Court · 1883
- Mason v. TiffanyIllinois Supreme Court · 1867
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3Cited by9 opinions
- City of Omaha v. Standard Oil Co.Nebraska Supreme Court · 1898
- Holt v. ThurmanCourt of Appeals of Kentucky · 1901
- First Nat. Bank v. Monroe CountyMississippi Supreme Court · 1923
- Ogallala Fertilizer Company v. SalsberyNebraska Supreme Court · 1971
- First National Bank of Madison v. School DistrictNebraska Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.