Tootle v. First Natl. Bank
Nebraska Supreme Court
Error to the district court for Dawes county. Tried below before Kinkaid, J. In this case it was necessary only for the plaintiffs to prove, first, that vendee Yates bought the goods in controversy ; second, that vendee practiced deceit and deceived vendors; third, that plaintiffs rescinded the contract.
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Error to the district court for Dawes county. Tried below before Kinkaid, J. In this case it was necessary only for the plaintiffs to prove, first, that vendee Yates bought the goods in controversy ; second, that vendee practiced deceit and deceived vendors; third, that plaintiffs rescinded the contract. (Far-well v. Hanchett, 9 N. E. Rep. [111.], 58.) The amended petition was framed after the decision in case of Oswego Starch Co. v. Lendrum, 10 N. W. Rep. [Ia.], 900. (Sheilaharger v. Binn, 18 Kan., 345.) When goods are paid for and in part disposed of by a fraudulent vendee, the vendor in…
1Opinion of the CourtNorval, J.
Plaintiff in error brought- replevin in the district court to recover a quantity of dry goods and notions of the stipulated value of $309.37. At the close of plaintiff’s testimony the court, on motion of defendant, instructed the jury to find the right of property and the right of possession in the defendant at the commencement of the action. Verdict was returned as directed by the court, and judgment was entered thereon.
Was the testimony offered by the plaintiff sufficient to entitle them to have the cause submitted to the jury ? The defendant contends, and such was the view of the trial…
2Cases cited2 opinions
- Hyde v. ElleryCourt of Appeals of Maryland · 1862
- McEvony v. McCann & BiglinNebraska Supreme Court · 1891
3Cited by13 opinions
- Hegarty v. American Commonwealths Power Corp.Court of Chancery of Delaware · 1932
- Gay v. OsborneWisconsin Supreme Court · 1899
- Smith v. First National BankNebraska Supreme Court · 1895
- Friend Bros. Clothing Co. v. HulbertWisconsin Supreme Court · 1898
- Phenix Iron Works Co. v. McEvonyNebraska Supreme Court · 1896
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