Legal Opinion

Gillen v. Riley

Nebraska Supreme Court

Decided July 11, 1889PublishedCited by 3 opinions

Error to the district court for Dixon county. Tried below before Powers, J. cited: Auzerais v. Naglee, 15 Pac. Rep., 371, 372; Volhening v. EeGraaf, 81 N. Y., 268, 270; Webber v. Howe, 24 Am. Rep., 590; Dillon v. Allen, 26 Id., 145; Woods v. Armstrong, 25 Id., 671; Delahayev. Heithemper, 16 Neb., 476; Schermerhorn v. Taiman, 14 N. Y., 93; Bateman v. Robinson, 12 Neb., 508. cited: Green-leaf'on Evidence, vol. 1, secs. 74, 80, 81; State v. Cooper, 28 Cent.

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Error to the district court for Dixon county. Tried below before Powers, J. cited: Auzerais v. Naglee, 15 Pac. Rep., 371, 372; Volhening v. EeGraaf, 81 N. Y., 268, 270; Webber v. Howe, 24 Am. Rep., 590; Dillon v. Allen, 26 Id., 145; Woods v. Armstrong, 25 Id., 671; Delahayev. Heithemper, 16 Neb., 476; Schermerhorn v. Taiman, 14 N. Y., 93; Bateman v. Robinson, 12 Neb., 508. cited: Green-leaf'on Evidence, vol. 1, secs. 74, 80, 81; State v. Cooper, 28 Cent. Law Journal, p. 94; 1 Benjamin on Sales, p. 321, and cases cited; Haug v. Gillett, 14 Kan., 140; Gill v. Kauffman, 16 Id., 35; Boothby v.…

1Opinion of the CourtCobb, J.

This cause comes to this court on error from the judgment of the district court of Dixon county.

The plaintiffs below allege that an account was stated with the defendants on May 10, 1886, on which there was. due $2,084.95, which the defendants agreed to pay; and that there was paid on the account $1,516.55, and there is still due $568.40, with interest at seven per cent from May 1, 1886, which the defendants have failed to pay though requested; and prayer for judgment.

The defendants below answered : denied that an account was stated, or that they are indebted to plaintiffs as alleged; and for…

2Cases cited1 opinion

  1. Haug v. GillettSupreme Court of Kansas · 1875

3Cited by3 opinions

  1. Riley v. Bancroft's EstateNebraska Supreme Court · 1897
  2. Wagner v. BreedNebraska Supreme Court · 1890
  3. Wilson v. ParrishNebraska Supreme Court · 1897

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