Spencer v. Johnston
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Holmes, J. The fact that E. E. Spencer had already obtained judgment should not interfere with his pleading that judgment in set-off.
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Error from the district court of Lancaster county. Tried below before Holmes, J. The fact that E. E. Spencer had already obtained judgment should not interfere with his pleading that judgment in set-off. (Gaddis v. Lecson, 55 111. 522; King v. Bradley, 44 111. 342; Baslcerville v. Broten, Burr [Eng.] 1229; Glayes v. White, 65 111. 357;.l Sutherland, Damages [ed. of 1882] 299; Miller v. Hycle, 37 N. E. Rep. [Mass.] 760.) The supersedeas in the former case, and the suit pending in the supreme court, do not prevent the set-off. {Gunn v. Todd, 21 Mo. 303; Wiltsie v. Northam, 3 Bosw. [N. Y.] 162;…
1Opinion of the CourtSullivan, J.
In September, 1886, John R. Johnston and George D. Stevens sold to Elmer E. Spencer eleven shares of the stock of the Crete Globe Publishing Company for the sum of $1,000. No part of the purchase price was paid in cash, but in lieu thereof the vendors accepted a note signed by Elmer E. Spencer as principal and his father, J. G. Silencer, as surety. In the following December, in order to obtain a controlling interest in the company, Mr. Spencer was induced to buy of one J. W. Craig seven more shares of stock, for which he gave $400 in cash and a promissory note for $200. Both of the Spencer…
2Cases cited7 opinions
- Monroe v. Reid, Murdock & Co.Nebraska Supreme Court · 1895
- Simpson v. JenningsNebraska Supreme Court · 1884
- Tessier v. Lockwood Englehart & Co.Nebraska Supreme Court · 1885
- Beyersdorf v. SumpSupreme Court of Minnesota · 1888
- State ex rel. C., B. & Q. R. v. North Lincoln Street Railway Co.Nebraska Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Miller v. MillerNebraska Supreme Court · 1982
- Jourdon v. Commonwealth CompanyNebraska Supreme Court · 1959
- Stearns v. Nebraska Building & Investment Co.Nebraska Supreme Court · 1923
- Armstrong v. MarrNebraska Supreme Court · 1930
3 more not listed; retrieve them via the Exa API.