Dunbar v. Briggs
Nebraska Supreme Court
Error to the district court for Gage county. It was a suit upon a promissory note, for $900.00, given by Dunbar, for thirty-nine head of Texas ponies, dated July 28th, 1879, and due ninety days after date. The Texas ponies for which the note was»given were bought of Briggs, and the note made payable to the order of Briggs.
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Error to the district court for Gage county. It was a suit upon a promissory note, for $900.00, given by Dunbar, for thirty-nine head of Texas ponies, dated July 28th, 1879, and due ninety days after date. The Texas ponies for which the note was»given were bought of Briggs, and the note made payable to the order of Briggs. The answer admits the making and delivery of the note to Briggs, and sets up as a defense, that the note was given for the purchase price of thirty-nine head of Texas horses, and that Briggs knew at the time of said sale the Texas horses so bought were to be turned in with…
1Opinion of the Court
Lake, Ch. J.
We do not care to refer at length to the voluminous evidence contained in the bill of exceptions, nor would it be of any profit to do so. We have read it with care, and are forced to the Conclusion that it does not sustain the finding of the jury upon it. The verdict being clearly against the weight of the evidence, as we have frequently held, is a sufficient reason for giving a new trial,
Dunbar’s defense to the note on which he was sued rested upon the establishment of three facts only. These were set out in his answer to the petition, and were, first, a warranty by Briggs of the…
2Cited by4 opinions
- Burns v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Dunbar v. BriggsNebraska Supreme Court · 1885
- Volland v. BakerNebraska Supreme Court · 1891
- Everett v. HoblemanNebraska Supreme Court · 1884