Rogers v. Empkie Hardware Co.
Nebraska Supreme Court
Error to the district court for Douglas county. Tried before Wakeley, J. cited: Clay v. Tyson, 19 Neb., 530. cited: Simpson v. Patten, 4 Johns., 422. Duffy v. Wemsch, 42 N. Y., 243. Fullam v. Adams, 47 Vt., 401.
1Opinion of the CourtMaxwell, J.
In the spring of 1883 the firm of Lanick & Urban were doing business at Wahoo, and were indebted to the defendant about $1,200, and to the plaintiff about $183. In April of that year a traveling salesman of the defendant ■'called upon Lanick & Urban and found that they were in embarrassed circumstances, and about to make an assignment for the benefit of their creditors. He persuaded them not to make such assignment, but to turn the goods over to him in satisfaction of defendant’s debt, and he seems to have promised to take one of the partners into partnership with himself. There is some…
2Cases cited7 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Fitzgerald v. MorrisseyNebraska Supreme Court · 1883
- Ellwood v. MonkNew York Supreme Court · 1830
- Romberg v. HughesNebraska Supreme Court · 1886
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3Cited by15 opinions
- Morrow v. JonesNebraska Supreme Court · 1894
- Philips & Buttorff M'f'g Co. v. Wild Bros.Supreme Court of Alabama · 1905
- Tylee v. Illinois Central RailroadNebraska Supreme Court · 1915
- Lincoln Joint Stock Land Bank v. BextenNebraska Supreme Court · 1933
- D. M. Osborn Co. v. JordanNebraska Supreme Court · 1897
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