Booker v. Puyear
Nebraska Supreme Court
Error to the district court for York county. Tried below before Norval, J. The petition is insufficient, and the verdict contrary to law. Something must be done which would give the right of action independent of the conspiracy, to make the latter the subject of a civil action. (Cooley on Torts, 125, and cases cited; Bailey, Onus Probandi, 49.) And the plaintiff must show actual damage as a result thereof. (Kimball v. Harman, 34 Md., 407; 6 Am.
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Error to the district court for York county. Tried below before Norval, J. The petition is insufficient, and the verdict contrary to law. Something must be done which would give the right of action independent of the conspiracy, to make the latter the subject of a civil action. (Cooley on Torts, 125, and cases cited; Bailey, Onus Probandi, 49.) And the plaintiff must show actual damage as a result thereof. (Kimball v. Harman, 34 Md., 407; 6 Am. Rep., 340.) The petition states the essential elements of a cause of action as required by the Code. (Neudecker v. Kohlberg, 81 N. Y., 296; Moore v.…
1Opinion of the CourtCobb, J.
This action is brought on error from the district court of York county.
Philip Puyear, the plaintiff below, brought his action for conspiracy against John W. Hinckley, Richard D. Booker, and Arthur A. Allen and Edgar IT. Allen, partners in trade as Allen Bros., doing business at Omaha, alleging that on January 1, 1887, and prior thereto, the defendant Booker and the plaintiff were partners in the retail grocery business at York, doing a prosperous business, in Avhich plaintiff had invested $1,000, and the good-will of the business was valued at $500; that on said day the defendants unlawfully…
2Cases cited2 opinions
- Neudecker v. . KohlbergNew York Court of Appeals · 1880
- Sheple v. PageSupreme Court of Vermont · 1840
3Cited by6 opinions
- Brictson v. WoodroughCourt of Appeals for the Eighth Circuit · 1947
- Trebelhorn v. BartlettNebraska Supreme Court · 1951
- Severinghaus v. BeckmanIndiana Court of Appeals · 1894
- Treptow Co. v. Duncan Aviation, Inc.Nebraska Supreme Court · 1981
- Dunbier v. MengedohtNebraska Supreme Court · 1930
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