Legal Opinion

Stoll v. Sheldon

Nebraska Supreme Court

Decided July 15, 1882PublishedCited by 11 opinions

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Error to the district court for Gage county. Tried be-below before "Weaver, J. against right of defendant™ error to sue, cited: Code, sec. 32. Camden Bank v. .Rodgers, 4 How. Pr., 63. Clark v. Phillips, 21 Id., 87. Billings v. Jane, 11 Barb., 620. On question of settlement, cited: Douglass v. White, 3 Barb. Ch., 621. Palmer-ton v Huxford, 4 Denio, 166. Bull v. Bull, 43 Conn., 455. United States v. Child, 12 Wall., 232. ' Fisher v. May, 2 Bibb, 449. Reed v. Bartlett, 19 Pick., 273. Plaintiff can maintain the suit: Robinson v. Wilkinson, 38 Mich., 299. Bliss on Code Pleading, sec. 59. Maxwell’s…

1Opinion of the Court

By the Court.

This case was before this court in 1881, and is reported in 11 Neb., 272, the facts being stated, and a copy of the note upon which the suit is brotight being given in that case. Stoll signed the note in controversy as surety, and ■now relies upon two defenses:

First. That the action is not brought in the name of the real party in interest.

Second. Settlement with one Hutchison, an attorney of the plaintiff.

The note was made payable to “S. L. Sheldon or order.” The testimony shows that Sheldon, at the time the note was given, was and now is the agent of Meadow King Mower, for Gregg…

2Cases cited2 opinions

Graul v. StrutzelSupreme Court of Iowa · 1880
Sheldon v. WilliamsNebraska Supreme Court · 1881

3Cited by11 opinions

State v. HillNebraska Supreme Court · 1896
McNish v. General Credit CorporationNebraska Supreme Court · 1957
Luce v. FosterNebraska Supreme Court · 1894
Bonnifield v. ThorpDistrict Court, D. Alaska · 1896
Nostrum v. HallidayNebraska Supreme Court · 1894

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