Huff v. Ruel Nims & Co.
Nebraska Supreme Court
Error to the district court for Richardson county. The action there was on a promissory note given by Huff to one Byrne, and by the latter assigned to plaintiff. Trial below before Weaver, J., and a jury.
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Error to the district court for Richardson county. The action there was on a promissory note given by Huff to one Byrne, and by the latter assigned to plaintiff. Trial below before Weaver, J., and a jury. Verdict and judgment for plaintiff, and Huff, defendant, brought cause here on a petition in error. cited 3 Green-leaf Ev., sec.' 106, note 1. 1 Chitty Pleading, 483, note 2. cited Gen. Stat., 583, see. 344. Myers v. Toscan, 3 N. H., 67. Reid v. The State, 20 Georgia, 681. Clark v. Wyatt, 15 Ind., 271.
1Opinion of the CourtLake, J.
The sole question in controversy in the court below was as to the identity of the note sued on, the plaintiff in error contending that it was not the one he had given. This question was fairly tried, and decided by the jury, and we think rightly; at all events, no case is presented which would justify the court to set their verdict aside.
There was, it is true, considerable conflict in the testimony, two or three witnesses on each side giving conflicting statements, but in view of the concession by the plaintiff in error that he had given a note about *365the time of the date of tins one, maturing…
2Cited by8 opinions
- Aetna Casualty & Surety Co. v. NielsenNebraska Supreme Court · 1986
- Sycamore Marsh Harvester Co. v. GrundradNebraska Supreme Court · 1884
- Armann v. BuelNebraska Supreme Court · 1894
- First National Bank v. CarsonNebraska Supreme Court · 1896
- Wells v. CochranNebraska Supreme Court · 1907
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