Tootle v. Elgutter
Nebraska Supreme Court
Eeeoe to the district court for Douglas county. Tried below before Savage, J. cited: Siohle v. Marsh, 44 How. Pr., 91. Hinge v. Judson, 24 N. Y., 64. Boehne v. Murphy, 46 Mo., 57. De Colyar on Guarantees, 214, also 240 to 248. cited: Reed v. Fish, 59 Maine, 358. Lawton v. Mauer, 10 Bich. Law (So. Car.), 323. Wilde v. Haycraft, 2 Duvall (Ky.), 309. Bussier v. Chew, 5 Phila.
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Eeeoe to the district court for Douglas county. Tried below before Savage, J. cited: Siohle v. Marsh, 44 How. Pr., 91. Hinge v. Judson, 24 N. Y., 64. Boehne v. Murphy, 46 Mo., 57. De Colyar on Guarantees, 214, also 240 to 248. cited: Reed v. Fish, 59 Maine, 358. Lawton v. Mauer, 10 Bich. Law (So. Car.), 323. Wilde v. Haycraft, 2 Duvall (Ky.), 309. Bussier v. Chew, 5 Phila. (Pa.), 70. Boston & Sandwich Glass Co. v. Moore, 119 Mass., 435. Kay v. Groves, 6 . Bing., 276. Kay v. Groves, 3 Moore & Payne, 634. Oremer v. Higginson, 1 Mason, 323. White v. Reed, 15 Ct., 457. Congdon v. Read, 7 Bhode…
1Opinion of the CourtMaxwell, J.
This is an action upon the following guaranty:
“Omaha, Nebraska, March 11th, 1878.
“Dear Sir: Please let Mr. John Newman have credit for goods to the amount of one hundred dollars, and for the payment of which I hold myself responsible.
“(Signed) M. Elguttee.”
*159It is alleged in the petition that the instrument was delivered to the plaintiff and was intended as a continuing guaranty. The defendant in his answer, denies that the guaranty was intended to be continuing. On the trial of the cause, the court directed a verdict for the defendant, and judgment was rendered thereon dismissing the action.
The…
2Cases cited2 opinions
- Lawrence v. McCalmontSupreme Court of the United States · 1844
- Rindge v. . JudsonNew York Court of Appeals · 1861
3Cited by17 opinions
- McKeighan v. HopkinsNebraska Supreme Court · 1886
- First Trust Co. v. Airedale Ranch & Cattle Co.Nebraska Supreme Court · 1939
- Nebraska Hardware Co. v. Humphrey Hardware Co.Nebraska Supreme Court · 1908
- Carson v. Hurst & Co.Supreme Court of Georgia · 1912
- Penn Star Mining Co. v. LymanUtah Supreme Court · 1924
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