Legal Opinion

Bosler v. McShane

Nebraska Supreme Court

Decided January 5, 1907No. 14,589Published

Appeal from the district court for Douglas county: Lee S. Estelle, Judge.

1Opinion

Good, C.

This case is before us on rehearing. A statement of the facts may be found in the former opinion, ante, p. 86. The only question for determination is as to whether or not the payments credited upon the note were such as to arrest the running of the statute of limitations. The payments made were the proceeds of dividends upon corporate stock, which had been pledged as collateral security to the note. The rule is well established in this state, and is quite génerally recognized in other states, that any *92voluntary payment- made by the debtor, or by his authority, will be sufficient to…

2Cases cited5 opinions

  1. Sornberger v. LeeNebraska Supreme Court · 1883
  2. Moffitt v. CarrNebraska Supreme Court · 1896
  3. Westinghouse Co. v. BoyleMichigan Supreme Court · 1901
  4. Ashby v. Washburn & Co.Nebraska Supreme Court · 1888
  5. Connor v. BeckerNebraska Supreme Court · 1901

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