37 Neb. 855 | Neb. | 1893
This is a contest between creditors of one Emil J. Eogth. It appears from the record that in April, in the year 1890, Fogth was indebted to Miller in the sum of $385. This was secured by a mortgage upon his stock of hardware. This mortgage was informal. The testimony also tends to-show that during the same month Miller signed two notes
It is claimed that Fogth represented to the plaintiffs in-July, 1890, that this mortgage had been paid, but no misrepresentations in regard to the same made by Fogth without the knowledge of Miller would affect the interests of the latter. It was not in fact paid, and the plaintiffs made no objections to the mortgage, and made no investigation
Affirmed.