Bonns v. Carter
Nebraska Supreme Court
This was a rehearing of case reported 20 Neb., 566. The former judgment was by a majority of the court (Maxwell, Ch. J., and Cobb, J.), adhered to. Reese, J., dissented, and filed the opinion which follows, Maxwell, Ch. J., commenting thereupon, and expressing the views of the majority of the court on the law of the case. The cases cited by counsel are commented upon in the opinion of Judge Reese.
1Dissent
Dissenting Opinion of
Reese, J.
This cause was decided at the July, 1886, term of this court, and is reported in 20 Neb., 566. On an application for a rehearing being granted, the cause was reargued and submitted, a majority of the court adhering to the decision first made, but declining to write an opinion. To *496this holding I cannot agree, and will here state my reasons therefor.
The principal question involved, and which I shall notice, is, the holding that the execution of the mórtgage by B. C. Hamilton to Samuel H. Bonns was, in effect, an assignment for the benefit of creditors, and, not…
2Cases cited19 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
- Burrows v. LehndorffSupreme Court of Iowa · 1859
- Lampson v. ArnoldSupreme Court of Iowa · 1865
- Van Patten v. BurrSupreme Court of Iowa · 1879
- Cadwell's Bank v. CrittendenSupreme Court of Iowa · 1885
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3Cited by10 opinions
- Jones v. LoreeNebraska Supreme Court · 1893
- Cribb v. Hibbard, Spencer, Bartlett & Co.Wisconsin Supreme Court · 1890
- Grand Island Banking Co. v. CostelloNebraska Supreme Court · 1895
- E. S. Jaffray & Co. v. Wolf & SonSupreme Court of Oklahoma · 1893
- Kilpatrick-Koch Dry Goods Co. v. BremersNebraska Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.