McKay, Munger & Wentz v. Hinman
Nebraska Supreme Court
This was an action brought in the county court of Hamilton county upon a promissory note executed by L. C. Predmore, payable to the order of C. J. Hinman, and by him transferred to the plaintiffs. Defendants defaulted and judgment was rendered in favor of plaintiffs. Hinman took the cause to the district court on a petition in error, where, on trial before Post, J., the judgment of the county court was reversed.
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This was an action brought in the county court of Hamilton county upon a promissory note executed by L. C. Predmore, payable to the order of C. J. Hinman, and by him transferred to the plaintiffs. Defendants defaulted and judgment was rendered in favor of plaintiffs. Hinman took the cause to the district court on a petition in error, where, on trial before Post, J., the judgment of the county court was reversed. The plaintiffs brought the cause here by petition in error. cited McPherson v. The Panic, 12 Neb., 202. Roggencamp v. Moore, 9 Neb., 105.' Walker v. Panic, 15 Ohio, 288. Maxwell’s…
1Opinion of the Court
Lake, Ch. J.
The only error committed by the county court was in including the costs of the protest in the judgment. In transferring the note to the plaintiffs the indorser expressly waived demand, notice of non-payment, and protest. Having' done this, the protest was unnecessary to 'fix his liability, and he could not properly be subjected to the expense of making it. It is only where a protest is essential to fix an indorser’s liability that he can be subjected to such expense.
*35Ancl there was still another reason why the inclusion of this expense in the judgment was unwarranted. As the…
2Cases cited1 opinion
- McPherson v. First National BankNebraska Supreme Court · 1881
3Cited by4 opinions
- Roby v. AukerNebraska Supreme Court · 1949
- Erck v. Omaha National BankNebraska Supreme Court · 1895
- Adams v. Nebraska Savings & Exchange BankNebraska Supreme Court · 1898
- Pearse v. Loup River Public Power DistrictNebraska Supreme Court · 1940