Legal Opinion

Nesbitt v. Pioche Consolidated Mining & Reduction Co.

Nevada Supreme Court

Decided October 5, 1894No. 1408PublishedCited by 21 opinions

Appeal from order excluding testimony and sustaining motion for non-suit, from District Court, Lincoln county; A. E. Cheney, District Judge, presiding: In addition to the facts stated in the opinion, there was evidence tending to prove that, when the plaintiffs refused to trust Denton further, the defendant’s superintendent requested them to continue to do so, stating that he, as superintendent of the defendant would see every dollar paid; that as the pay days would be far…

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Appeal from order excluding testimony and sustaining motion for non-suit, from District Court, Lincoln county; A. E. Cheney, District Judge, presiding: In addition to the facts stated in the opinion, there was evidence tending to prove that, when the plaintiffs refused to trust Denton further, the defendant’s superintendent requested them to continue to do so, stating that he, as superintendent of the defendant would see every dollar paid; that as the pay days would be far apart, he would give them special checks without waiting for pay day, and that defendant had accordingly paid several…

1Opinion of the Court

By the Court,

Belknap, J.:

Plaintiffs, as co-partners, sued the defendant to recover judgment in the sum of $4,928 53 for goods, wares, and merchandise sold and delivered, and for the hire of teams furnished. The answer denied the indebtedness. The case was-tried by the court without a jury.

The facts, as disclosed by the testimony on the part of the plaintiffs, were that one Denton had contracted with defendant to furnish coal to be used at its furnaces. Plaintiffs, as merchants, had furnished Denton supplies for a time. Later they declined to extend his credit. The superintendent of defendant…

2Cited by21 opinions

  1. National Ass'n of Creditors, Inc. v. BrownWashington Supreme Court · 1928
  2. Hayworth v. McDonaldWashington Supreme Court · 1912
  3. Hammel v. Fidelity Mutual Aid Ass'nWashington Supreme Court · 1906
  4. State Ex Rel. Seattle National Bank v. JoinerWashington Supreme Court · 1926
  5. State ex rel. Grays Harbor Commercial Co. v. Superior CourtWashington Supreme Court · 1922

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