Buck v. Davenport Savings Bank
Nebraska Supreme Court
- Error to the district court for Seward county. Tried below before Norval, J.- The guaranty was not an indorsement, as that term is used in the law merchant. (Trust Co. v. Nat’l Bank, 101 IT. S., 68 ; Snevily v. Ekel, 1 Watts & S. [Pa.], 203; Lamourieux v. Hewitt, 5 Wend. [N. Y.], 307 ; Miller v. Gaston, 2 Hill [N. Y.], 188.) The description in the chattel mortgage was insufficient.
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- Error to the district court for Seward county. Tried below before Norval, J.- The guaranty was not an indorsement, as that term is used in the law merchant. (Trust Co. v. Nat’l Bank, 101 IT. S., 68 ; Snevily v. Ekel, 1 Watts & S. [Pa.], 203; Lamourieux v. Hewitt, 5 Wend. [N. Y.], 307 ; Miller v. Gaston, 2 Hill [N. Y.], 188.) The description in the chattel mortgage was insufficient. (Price v. MeComas, 21 Neb., 195; Grimes v. Cannett, 23 Id., 187 ; Leighton v. Stewart, 19 Id., 546; Jeffrey v. Brown, 29 Fed. Rep., 476; Cole v. Kerr, 19 Neb., 553; Ormsby v. Nolan, 28 N. W. Rep. [Ia.], 569;…
1Opinion of the CourtMaxwell, J.
In May, 1887, one Welcome Mowry sold and delivered to Thomas J. Johnson, a resident of Seward county, ninety-five head of yearling steers for the sum of $1,591.25, taking his negotiable note therefor due in one year with interest at ten per cent. To secure the payment of this note Johnson executed and delivered to Mowry a chattel mortgage upon the steers so sold; the description thereof in the mortgage being “ ninety-five head of steers one year old this spring, marked as follows: Right ear cropped and notch cut out of the under side of the left, being the said cattle I have this day…
2Cases cited11 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Russell v. . WinneNew York Court of Appeals · 1868
- Heard v. Dubuque County BankNebraska Supreme Court · 1878
- Ellis v. MartinSupreme Court of Alabama · 1877
- Burns v. HarrisIndiana Supreme Court · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hendrix v. Bauhard Bros.Supreme Court of Georgia · 1912
- Dunham v. PetersonNorth Dakota Supreme Court · 1896
- Leahy v. HaworthCourt of Appeals for the Eighth Circuit · 1905
- Cady v. Bay City Land Co.Oregon Supreme Court · 1921
- Ayres v. WestNebraska Supreme Court · 1910
7 more not listed; retrieve them via the Exa API.