Nichols, Shepard & Co. v. Hail
Nebraska Supreme Court
Error from tlie district court of Cuming county. The case was brought into that court, by appeal from the probate court, and tried de novo. The jury returned a verdict in favor of the defendant in error for five hundred dollars. This verdict was set aside, and at the second trial the verdict was again for defendant in error, but without damages. Motion for a new trial overruled. Judgment against plaintiff, who brought the case here by petition in error.
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Error from tlie district court of Cuming county. The case was brought into that court, by appeal from the probate court, and tried de novo. The jury returned a verdict in favor of the defendant in error for five hundred dollars. This verdict was set aside, and at the second trial the verdict was again for defendant in error, but without damages. Motion for a new trial overruled. Judgment against plaintiff, who brought the case here by petition in error. The facts necessary to its proper understanding appear in the opinion. contended inter alia, as follows: There has been no evidence offered…
1Opinion of the Court
Lake, Ch. J.
This action was brought in the district court upon a promissory note given by the defendant, and one Joseph Hoffman, in part payment for a threshing machine.
This machine was purchased by them, at West Point, from one William Malchow, who was the agent of John T. Edgar in its sale. The note was made payable directly to the plaintiffs, who were the manufacturers of the machine. ^
The defense seems to have been conducted on the theory that Edgar was the general agent of the plaintiffs, and that Malchow was a sub agent, although there was no such allegation in the pleadings. The answer…
2Cited by9 opinions
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- Furneaux v. EsterlySupreme Court of Kansas · 1887
- Wasatch Orchard Co. v. Morgan Canning Co.Utah Supreme Court · 1907
- J. I. Case Threshing Machine Co. v. VennumSupreme Court Of The Territory Of Dakota · 1885
- Edgerly v. GardnerNebraska Supreme Court · 1879
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