Commercial National Bank v. Nebraska State Bank
Nebraska Supreme Court
Error to the district court for Pawnee county. Tried below before Broady, J. ' Strunk and Lipp should not have been allowed to intervene. (Bennett v. Whitcomb, 25 Minn., 148; Cornell College v. Iowa Co., 32 Id., 520; Harwood v. Quimby, 44 Id., 385; Van Qorden v. Ormsby, 55 Id., 657; Kimbro v. Clark, 17 Neb., 403.) Nor should they have been permitted to file and be heard upon their motion to discharge the attachment. The court erred in discharging the attachment.
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Error to the district court for Pawnee county. Tried below before Broady, J. ' Strunk and Lipp should not have been allowed to intervene. (Bennett v. Whitcomb, 25 Minn., 148; Cornell College v. Iowa Co., 32 Id., 520; Harwood v. Quimby, 44 Id., 385; Van Qorden v. Ormsby, 55 Id., 657; Kimbro v. Clark, 17 Neb., 403.) Nor should they have been permitted to file and be heard upon their motion to discharge the attachment. The court erred in discharging the attachment. Hempstead and his individual creditors are now estopped to deny that the Nebraska State Bank was a corporation as to the creditors.…
1Opinion of the Court
Cobb, Ch. J.
This action was brought by the plaintiff in error, in the district court of Pawnee county, January 13, 1890, against the Nebraska State Bank of Pawnee City, one of the defendants in error, alleging that the petitioner is a national banking corporation, and that the defendant is a. corporation under the general laws of this state; that on November 2, 1889,. the Pawnee Hay Company and S. E. Smith, for value received, made their promissory note to the defendant, due in ninety days, at ten per cent interest from maturity until paid, for $3,000. The defendants represented the makers to…
2Cases cited3 opinions
- England & Lee v. Reynolds, Devoe & Co.Supreme Court of Alabama · 1862
- Lininger v. RaymondNebraska Supreme Court · 1881
- Smith v. JonesNebraska Supreme Court · 1885
3Cited by2 opinions
- Lancaster County Bank v. GililianNebraska Supreme Court · 1896
- Commercial National Bank v. LippNebraska Supreme Court · 1896