Cerny v. Paxton & Gallagher Co.

Calkins, C.

This was an action to recover the value of a stock of goods mortgaged by plaintiff' to defendant, on the ground that the mortgage was obtained by a promise that the defendant would see that the goods brought upon sale a certain price, which promise the defendant fraudulently and deceitfully made with the secret intention of not performing it. The first trial resulted in a verdict and judgment for the plaintiff, which was reversed by this court (78 Neb. 134). The opinion by Albert, C., contains a full statement of the facts, which it is unnecessary to repeat. The second trial upon…