Smith v. Thompson
Nebraska Supreme Court
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
- Haschenberger v. DennisNebraska Supreme Court · 1929
- Second National Bank v. Snoqualmie Trust Co.Nebraska Supreme Court · 1909
- Happ v. DuceyNebraska Supreme Court · 1923