Beck v. Devereaux
Nebraska Supreme Court
Error to the district court of Lancaster county. The facts were as follows: The defendant in error was engaged in the business of manufacturer of and dealer in cigars and tobacco in Lincoln, in 1877 and 1878, and the plaintiff in error kept a billiard-room, where he dealt in cigars purchased of defendant.
Read the full summary
Error to the district court of Lancaster county. The facts were as follows: The defendant in error was engaged in the business of manufacturer of and dealer in cigars and tobacco in Lincoln, in 1877 and 1878, and the plaintiff in error kept a billiard-room, where he dealt in cigars purchased of defendant. The books of defendant in error show a continuous dealing during the year 1877 and up to February, 1878. By express agreement between the parties bills were made out and due and payable at the end of every month. On the 16th day of February, 1878, defendant in error brought, in the county…
1Opinion of the CourtLake, J.
The rule is doubtless well settled, as contended for • by the plaintiff in error, that an indivisible demand *112cannot, at the will of the plaintiff, be separated, and collected by several actions. It is against the policy of the law to permit a debtor to be subjected to the expense and annoyance that would necessarily result from such a course. ' If a plaintiff bring an action for a part only of an entire and indivisible demand, whatever it may be, the judgment in that suit may be pleaded as a e'omplete bar to another action for the residue. Smith v. Jones, 15 Johns., 229. Willard v. Sperry, 16…
2Cases cited4 opinions
- Phillips v. BericicNew York Supreme Court · 1819
- Smith v. JonesNew York Supreme Court · 1818
- Colvin & Van Patten v. CorwinNew York Supreme Court · 1836
- Avery v. FitchSupreme Court of Connecticut · 1822
3Cited by8 opinions
- Akin v. BonfilsSupreme Court of Oklahoma · 1917
- York County Rural Public Power District v. O'CONNORNebraska Supreme Court · 1961
- Alkire Grocer Co. v. TagartMissouri Court of Appeals · 1895
- Peters v. MeyerNebraska Supreme Court · 1936
- The City of Hastings, Nebraska, a Municipal Corporation v. Kansas-Nebraska Natural Gas Company, Inc., a Kansas Corporation, (Two Cases.)Court of Appeals for the Eighth Circuit · 1955
3 more not listed; retrieve them via the Exa API.