John V. Farwell & Co. v. Kloman
Nebraska Supreme Court
Error from the district court of Custer county. Tried below before Harrison, J. The opinion contains a statement of the case.
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Error from the district court of Custer county. Tried below before Harrison, J. The opinion contains a statement of the case. The contention of plaintiffs is that by reason of the facts recited in the petition, all of Cline’s property, including his stock in trade, real estate, notes, and book accounts, became impressed- with a trust in favor of plaintiffs for the value of the goods thus fraudulently obtained; that the assignee took them subject to that trust, and that plaintiffs are entitled to a preferential lien upon the whole fund for the amount of such value. (Perry, Trusts, Sees.…
1Opinion of the Court
Ragan, C.
On and for three years prior to January, 1890, John Y. Farwell & Co. (hereinafter called “Farwell & Co.”) were wholesale merchants domiciled and doing business in the city of Chicago, in the state of Illinois, and W. H. Cline was a retail merchant resident and doing business in the city of Broken Bow, Nebraska. Farwell & Co. brought this suit in equity in the district court of Custer county against Charles Kloman, the assignee of said Cline. Far-well & Co., in their petition, alleged that for three years prior to January, 1890, they had been in the habit of selling goods on credit to…
2Cases cited5 opinions
- Sherwood v. Central Michigan Savings BankMichigan Supreme Court · 1894
- Wilson v. CoburnNebraska Supreme Court · 1892
- Tootle v. First Natl. BankNebraska Supreme Court · 1892
- State v. State BankNebraska Supreme Court · 1894
- McKinney v. First National BankNebraska Supreme Court · 1893
3Cited by3 opinions
- State v. Bank of CommerceNebraska Supreme Court · 1898
- First State Bank v. OelkeSupreme Court of Iowa · 1910
- Field v. S. P. Morse & Co.Nebraska Supreme Court · 1898