93 Neb. 595 | Neb. | 1913
Samuel Wilder was engaged in the mercantile business in the town of Hartington, and became financially embarrassed and assigned his property to trustees for the benefit of his creditors. He was indebted to Mrs. Erwin upon his promissory note. The trustees reduced the assets to money and applied it pro rata upon the liabilities of Mr. Wilder. Mrs. Erwin was formerly a resident of Kansas, and had died there, and the executors of her will had placed her note in the hands-of an attorney at
The defendant’s answer in the case apparently fails to state any defense. He admits the receipt of the note as belonging to the executors, and also the receipt of the money thereon, and alleges that the amount which he paid to the attorney for the executors was received as a full settlement between them and himself. He does not allege any indebtedness to him of the executors or of the estate which they represented, or any facts from which such indebtedness, or claim of. indebtedness, or any other indebtedness could be found. The answer fails to show any ground for any accord and satisfaction, or compromise. This objection to the answer does not seem to have been insisted upon, and the evidence of both parties was taken in full. This evidence entirely fails to make any defense to the plaintiff’s action. . It is not denied that the note whs received by the defendant solely for the purpose of allowing the trustees to inspect the same. - There is no evidence that the executors or the estate which they represented Avere indebted in any amount to this defendant. The defendant offered to prove that Wilder was indebted to him, but this evidence was properly excluded by the court. The defendant’s receipts to the trustees recite that the money was paid by the trustees upon the Erwin claim, and the defendant, having so received it, could not . of course apply it upon his own claim against the same debtor.
The judgment of the district court is
Affirmed.