Legal Opinion

Davis v. First National Bank

Nebraska Supreme Court

Decided July 15, 1876PublishedCited by 17 opinions

Error from tbe district court of Douglas county. Tried below before Lake, Oh. J. The opinion states the facts necessary to an understanding of tbe case.

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Error from tbe district court of Douglas county. Tried below before Lake, Oh. J. The opinion states the facts necessary to an understanding of tbe case. This is simply an action upon a promissory note, not a bill in equity to establish and enforce a lien upon specific real estate of a married woman, by reason of tbe fact that tbe debt was contracted upon the faith of her separate estate, or that the money was used in the improvement of the particular property sought to be charged. If such was the fact there might be some propriety in the argument of counsel for defendant in error. Such was…

1Opinion of the CourtGantt, J.

The plaintiff in error was sued upon a promissory note, dated June 26, 1871. The main facts disclosed by the testimony substantially show, that the plaintiff had deposits of money in her own name, and to her own account and credit, with J. IT. Rogers & Co., bankers of Cheyenne, W. T. The note was given to settle the amount overdrawn on this account by plaintiff; and J. H. Rogers indorsed, sold, and delivered, the note to the defendant in error before it became due. A large portion of these deposits were made by the husband of the plaintiff; but he says, that they were made for her separate…

2Cases cited3 opinions

  1. Jones v. CrosthwaiteSupreme Court of Iowa · 1864
  2. Todd v. LeeWisconsin Supreme Court · 1862
  3. Frary v. BoothSupreme Court of Vermont · 1864

3Cited by17 opinions

  1. Grand Island Banking Co. v. WrightNebraska Supreme Court · 1898
  2. Smith v. SpauldingNebraska Supreme Court · 1894
  3. Hale v. ChristyNebraska Supreme Court · 1879
  4. Dayton Spice-Mills Co. v. SloanNebraska Supreme Court · 1896
  5. Gregory v. HartleyNebraska Supreme Court · 1877

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