Hosford v. Stone & Easley
Nebraska Supreme Court
This was an action upon a promissory note, purchased by Stone and Easley, from the payee, Tercelte Kencleur. Judgment below was given by Weaver, J., against Hosford, the maker of the note, to reverse which .he brings the case into this court by petition in error. There are but three words of negotiability in promissory notes, etc., known to-our law. They are “ Order,” “ Bearer,” and “ Assigns;” without these words they are not negotiable commercial paper.
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This was an action upon a promissory note, purchased by Stone and Easley, from the payee, Tercelte Kencleur. Judgment below was given by Weaver, J., against Hosford, the maker of the note, to reverse which .he brings the case into this court by petition in error. There are but three words of negotiability in promissory notes, etc., known to-our law. They are “ Order,” “ Bearer,” and “ Assigns;” without these words they are not negotiable commercial paper. Gen. Stat. of Neb., Sec. 1, page 426. 3 Kent, 77¶-78. Story on Bills, 75. Story on Promissory Notes, 3. .1 American Ld’g. Oases, 317. This…
1Opinion of the CourtMaxwell, J.
The defendants in error brought an action in the district court of Richardson county against the plaintiff in error upon a promissory note, of which the following is a copy:
“ $373.00. “ Rulo, Neb., May 31, 1872. •
“ Thirty days after date I promise to pay Tercelte Kencleur three hundred and seventy-three dollars, for value received, negotiable and payable without defalcation or discount.
“J. W. Hosford.”
Hosford answered the petition, setting up various defenses, to which the defendants in error filed a reply. The case was then referred to J. F. Gardiner to take the proofs and report his…
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