Farrar & Wheeler v. Triplett
Nebraska Supreme Court
Error to tbe district court for Saline county. Tried before Weaver, J. The facts appear in the opinion. The court should have sustained the demurrer to the fifth defense. The words of the answer show plainly that the indebtedness incurred by the alleged agent was the individ/ual indebtedness of the agent.
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Error to tbe district court for Saline county. Tried before Weaver, J. The facts appear in the opinion. The court should have sustained the demurrer to the fifth defense. The words of the answer show plainly that the indebtedness incurred by the alleged agent was the individ/ual indebtedness of the agent. There is nothing in the answer to show that the agent had any authority from plaintiffs to incur the indebtedness for them, and there is no allegation that the indebtedness was incurred for or on behalf of the plaintiffs. Besides, the promise of the agent, if authorized by usage even, could…
1Opinion of the CourtMaxwell, J.
The plaintiffs brought an action against the defendant in the district court of Saline county, upon a promissory note dated March 15, 1873, calling for the sum of $90, in eighteen months from the date thereof.
The defendant answered the petition of the plaintiffs, alleging first, that the note in question was given for a sewing machine which was warranted to be a first-class machine in all respects, but which proved to be utterly worthless and of no value whatever; second, the defend*239ant claimed a set-off in tbe sum of $90 upon a claim due to O. S. Triplett from the plaintiffs, for a sewing…
2Cases cited1 opinion
- Pottinger v. GarrisonNebraska Supreme Court · 1874
3Cited by10 opinions
- Madden v. Lancaster CountyCourt of Appeals for the Eighth Circuit · 1894
- Harral v. GrayNebraska Supreme Court · 1880
- O'Donohue v. HendrixNebraska Supreme Court · 1882
- Chicago, Rock Island & Pacific Railway Co. v. ShepherdNebraska Supreme Court · 1894
- Renfrew v. WillisNebraska Supreme Court · 1891
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