Kittle v. DeLamater
Nebraska Supreme Court
Error to the district court of Dodge county. Suit on a promissory note for one thousand dollarsj dated April 10, 1872, and payable sixty days after date at tbe Park Bank, New York, given by plaintiff in error, Robert Kittle, to Asber & Adams, and by tbe latter endorsed in blank and deposited for collection in tbe Park Bank, New York, May 25, 1872. Defendant in error, Riley DeLamater, claimed to be tbe owner of tbe note, having received tbe same in payment of a debt owing to…
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Error to the district court of Dodge county. Suit on a promissory note for one thousand dollarsj dated April 10, 1872, and payable sixty days after date at tbe Park Bank, New York, given by plaintiff in error, Robert Kittle, to Asber & Adams, and by tbe latter endorsed in blank and deposited for collection in tbe Park Bank, New York, May 25, 1872. Defendant in error, Riley DeLamater, claimed to be tbe owner of tbe note, having received tbe same in payment of a debt owing to bim by Asber & Adams, and tbat it was assigned and delivered to bim by endorsement before it became due. Tbe defense…
1Opinion of the CourtGantt, J.
This action is founded on a promissory note made by Kittle, the defendant in the district court and plaintiff in error here, at New York, April 10, 1872, by which he promises *331to pay to the order of Asher & Adams,, one thousand dollars, sixty days after date, at the Park Bank, New York; and De Lamater, the plaintiff in the district court and defendant in error here, alleges that before the note became due, it was transferred and delivered to him by endorsement. Battle, in his answer, denies the transfer of the note before it became due, and that De Lamater ever was the owner of the same; and…
2Cases cited1 opinion
- Clark v. SigourneySupreme Court of Connecticut · 1846
3Cited by5 opinions
- Union Trust Co. v. Preston National BankMichigan Supreme Court · 1904
- Commercial National Bank v. JordanSupreme Court of Florida · 1916
- Smith v. Columbus State BankNebraska Supreme Court · 1879
- Kittle v. DeLamaterNebraska Supreme Court · 1876
- Darling v. KippNebraska Supreme Court · 1913