Legal Opinion

Smith v. Thompson

Nebraska Supreme Court

Decided February 4, 1903No. 12,609PublishedCited by 3 opinions

Error from the district court for Otoe county. Action by indorsee in the nature of indebitatus assumpsit, upon one promissory note given for a policy of life insurance. Plea of fraud, and that indorsee was not a bona-fide holder without notice. Reply in the nature of a specific traverse. Issue joined upon the affirmative defense. Tried below before Jessdn, J. Judgment for defendant.

1Opinion of the Court

Pound, 0.

The plaintiff brought suit upon a promissory note given by defendant in payment of a premium upon a policy of life insurance. Defendant pleaded that he made application for a certain form of policy and that the policy written did not conform to his application; that the application “was obtained by fraud and misrepresentation”; and that plaintiff ivas not a bona-fide holder for value, but took with, notice of these defenses. In reply, besides a general denial, plaintiff pleaded that he purchased the note before maturity, for value, and without notice of any defense. At the trial, it…

2Cited by3 opinions

  1. Haschenberger v. DennisNebraska Supreme Court · 1929
  2. Second National Bank v. Snoqualmie Trust Co.Nebraska Supreme Court · 1909
  3. Happ v. DuceyNebraska Supreme Court · 1923

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