Howard v. Winters
Nevada Supreme Court
Appeal from the District Court of the Eirst Judicial District, Storey County, Hon. Richard Rising, presiding. 1st. The note purports to have been given by an attorney under a written power. The power itself does not authorize the execution of a note in the name of the principal. ■ 2d. There was no consideration for the note.
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Appeal from the District Court of the Eirst Judicial District, Storey County, Hon. Richard Rising, presiding. 1st. The note purports to have been given by an attorney under a written power. The power itself does not authorize the execution of a note in the name of the principal. ■ 2d. There was no consideration for the note. The note was given as an inducement to get one Beaty, a tenant of appellant, out of a house he was occupying, and therefore was not without consideration. But this Court cannot consider the case on its merits: first, the statement does not contain the grounds of motion…
1Opinion of the Court
Opinion by
Lewis, J., Beatty, C. J., and Johnson J.,
concurring.
• This action is brought to recover a sum of money claimed to be due upon a certain promissory note bearing date September 30th, a.d., 1865, and signed “ Joseph D. Winters, by Edward C. Morse.” As a defense the defendant Winters pleads: first, that the note was given without consideration; and second, that Edward C. Morse had no authority as his agent to execute it.
The case having been tried without a jury, the Judge below reported the following as findings of fact: •
“ First — That on the thirtieth day of September, a.d. 1865, the…
2Cases cited3 opinions
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