Barber v. Crowell
Nebraska Supreme Court
Appeal from the district court of Dodge county. Heard below before Marshall, J. Upon the face of the petition it is apparent that an allegation necessary to constitute a cause of action is omitted. . The grantee named in the mortgage in question is not an individual or natural person, as the word “company” and abstract terms, comprising the name, plainly indicate. It may be a partnership' name, or a corporation name, presumptions in favor of either of which do not exist.
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Appeal from the district court of Dodge county. Heard below before Marshall, J. Upon the face of the petition it is apparent that an allegation necessary to constitute a cause of action is omitted. . The grantee named in the mortgage in question is not an individual or natural person, as the word “company” and abstract terms, comprising the name, plainly indicate. It may be a partnership' name, or a corporation name, presumptions in favor of either of which do not exist. If the grantee is a partnership then the mortgage deed is void. A partnership is not a person, either natural or…
1Opinion of the CourtSullivan, J.
Tibs was an action in the district court of Dodge county to foreclose a real estate mortgage, securing the payment of four promissory notes executed by the defendants David Crowell and Fannie A. Crowell to plaintiff’s assignor, the Western Trust. & Security Company. A demurrer to the petition on-the ground that it did not state facts sufficient to constitute a cause of action was overruled, and the correctness of thai decision is the only question for determination here.
The allegations of the petition in relation to the execution and assignment of the notes and mortgage are as follows: “On…
2Cases cited4 opinions
- Davidson v. CoxNebraska Supreme Court · 1881
- Chicago Lumber Co. v. AshworthSupreme Court of Kansas · 1881
- County of Brown v. Winona & St. Peter Land Co.Supreme Court of Minnesota · 1888
- Buchanan v. GriggsNebraska Supreme Court · 1885
3Cited by9 opinions
- Dupuy v. Western State BankNebraska Supreme Court · 1985
- Robinson Merc. Co. v. DavisWyoming Supreme Court · 1920
- In Re SchoenleberDistrict Court, D. Nebraska · 1936
- Butts v. HaleNebraska Supreme Court · 1953
- Prebyl v. Prudential Ins. Co. of AmericaCourt of Appeals for the Eighth Circuit · 1938
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