Nebraska Moline Plow Co. v. Klingman
Nebraska Supreme Court
Error from the district court of Webster county. Tried below before Beall, J. Where an insolvent mercantile firm sells all its available property to one who is execution proof, and takes in payment Ms unsecured, long-time notes, it is a fraud on other creditors. {Pilling v. Otis, 13 Wis., 533; Knowlton v. Haioes, 10 Neb., 534; Beels v. Flynn, 28 Neb., 575; Seymour v. Wilson, 19 N. Y., 417; Smith v. Sands, 17 Neb., 498.)
1Opinion of the Court
Rag-an, C.
In the district court of Webster county the Nebraska Moline Plow Company sued O. C. Klingman and A. D. McNear, a partnership doing business as Klingman & Co., at law to recover $1,918 which the plow company alleged was owing to it from Klingman & Co. At the time of bringing this suit the plow company caused an attachment to be issued and levied upon a stock of goods, consisting of buggies, wagons, and farming implements, which the plow company alleged was the property of Klingman & Co. At the time the attachment was issued and the property seized $275 only of the debt sued for, and…
2Cases cited2 opinions
- Whipple v. HillNebraska Supreme Court · 1893
- Beels v. FlynnNebraska Supreme Court · 1890
3Cited by1 opinion
- Crites v. HartNebraska Supreme Court · 1896