Burr v. Boyer
Nebraska Supreme Court
Petition in error to Lancaster District Court. The action was upon a promissory note made by Mitchell, Hunt, and Boyer, to the plaintiff. Boyer defended, alleging that he was surety on the note for Mitchell, who at its date gave a chattel mortgage to the plaintiff upon sufficient property to secure the debt; that the plaintiff neglected to record the mortgage, and Mitchell had squandered and disposed of the property, whereby the security was lost to the surety.
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Petition in error to Lancaster District Court. The action was upon a promissory note made by Mitchell, Hunt, and Boyer, to the plaintiff. Boyer defended, alleging that he was surety on the note for Mitchell, who at its date gave a chattel mortgage to the plaintiff upon sufficient property to secure the debt; that the plaintiff neglected to record the mortgage, and Mitchell had squandered and disposed of the property, whereby the security was lost to the surety. Boyer alleged, as a further defence, that, at the maturity of the note, the plaintiff extended the time of payment to Mitchell,…
1Opinion of the CourtCrounse, J.
Ordering judgment on tbe pleadings was to adjudge that the facts contained in defendant’s answer constituted no defence. Plaintiff’s action was brought upon a note signed by Boj^er, the plaintiff in error, and two others. The defendant Boyer, after admitting the execution of the note, undertakes to interpose two defences.
The first, in substance, is, that he signed the note as surety for Mitchell, another of the defendants, — a fact well known to the plaintiff; and that, at the time of the making and delivering of the note, Mitchell executed a chattel mortgage to secure the payment of the…
2Cases cited4 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Schroeppell v. . ShawNew York Court of Appeals · 1850
- Olcott v. . CarrollNew York Court of Appeals · 1868
- Schroeppel v. ShawNew York Supreme Court · 1849
3Cited by19 opinions
- State Bank v. BartleSupreme Court of Missouri · 1893
- Eickhoff v. EikenbaryNebraska Supreme Court · 1897
- Smith v. MasonNebraska Supreme Court · 1895
- Rhodes v. CritesNebraska Supreme Court · 1962
- Evans v. KisterCourt of Appeals for the Sixth Circuit · 1899
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