Howell v. Alma Milling Co.
Nebraska Supreme Court
Error from the district court of Harlan county. Tried below before Gaslin, J. The defendant in error Goble is not liable upon the bond, because the plaintiff in error was substituted for the Commercial National Bank without his consent after the giving of the bond and during the pendency of the action in the district court. (Phillips v. Wells, 2 Sneed [Tenn.], 154; Harris v. Taylor, 3 Id., 541; Irwin v. Sanders, 5 Yerg. [Tenn.], 287; Smith v. Roby, 6 Heisk. [Tenn.], 546.)
1Opinion of the CourtNorval, J.
This action was brought by the plaintiff in error upon an appeal undertaking. There was judgment in the court below for the. defendants. To reverse this judgment a petition in error was filed in this court. The facts briefly stated are these:
On the 1st day of November, 1885, the Nebraska Lumber Company turned over a large number of notes to the Commercial National Bank of Omaha as collateral security for money borrowed. Among the notes so turned over were two against the Alma Milling Company; one for $361.85 and the other for $326, exclusive of interest. Afterwards, on the 30th day of…
2Cases cited10 opinions
- Christal v. . KellyNew York Court of Appeals · 1882
- Boynton v. PhelpsIllinois Supreme Court · 1869
- Ammons v. WhiteheadMississippi Supreme Court · 1856
- Mackay v. DodgeSupreme Court of Alabama · 1843
- Magemau & Co. v. BellNebraska Supreme Court · 1882
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3Cited by19 opinions
- First State Bank v. C. E. Stevens Land Co.Supreme Court of Minnesota · 1912
- Harrington v. ConnorNebraska Supreme Court · 1897
- Street v. SmithNebraska Supreme Court · 1906
- Johnson v. ReedNebraska Supreme Court · 1896
- C. J. Gerlach & Bro., Inc. v. Du BoseCourt of Appeals of Texas · 1919
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