Legal Opinion

Daniels v. Densmore

Nebraska Supreme Court

Decided May 6, 1891PublishedCited by 7 opinions

Error to the district court for Lancaster county. Tried below before Chapman, J. Dickenson v. State, 20 Neb., 81; Thomas v. Reynolds, 29 Kan., 310; Low v. Fox, 56 la., 221.

1Opinion of the CourtMaxwell, J.

This action was brought against the assignee of the mortgagee to recover $40 actual damages and $100 as a penalty, for failing to enter a release of the mortgage when the same was paid and satisfied, and the defendant was thereupon requested to release the same, and the sum allowed by law for such x’elease was duly tendered.

The plaintiff, in his petition, after setting oxxt the making and delivexy of the said note and mortgage, alleges: “That after the making of said note and mortgage by the Houstons to the said Fx-anklin J. Cochran, said Franklin J. Cochian assigned the same by his written…

2Cases cited2 opinions

  1. Ewing v. SheltonSupreme Court of Missouri · 1864
  2. Galloway v. LitchfieldSupreme Court of Minnesota · 1863

3Cited by7 opinions

  1. Whipple v. FowlerNebraska Supreme Court · 1894
  2. Ormsby v. OttmanCourt of Appeals for the Eighth Circuit · 1898
  3. Waddle v. OwenNebraska Supreme Court · 1895
  4. Eggert v. BeyerNebraska Supreme Court · 1895
  5. Kelly v. Narregang Investment Co.South Dakota Supreme Court · 1918

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