Legal Opinion

Palmer v. Witcherly

Nebraska Supreme Court

Decided July 15, 1883PublishedCited by 7 opinions

Error to the district court for Nemaha county. Tried below before Pound, J. cited: Clapper v. Poland, 12 Neb., 69. Lavyrence v. Fox, 20 N. Y., 268. Dwyer v. Gibson, 16 Wis., 580. Calkins v. Chandler, 36 Mich., 323. Yoimg v. French, 35 Wis., 111. Hoover v. Morris, 3 Ohio, 56. Wright v. M’Cullly, 67 Mo., 134. Fitzgerald v. Morrissey, 14 Neb., 198. cited: Anderson v. Davis, 9 Yt., 136. Eddy v. Roberts, 17 111., 506. Westhamer v. Peacock, 2 la., 528. Sternbwrg v. Callanoh, 14…

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Error to the district court for Nemaha county. Tried below before Pound, J. cited: Clapper v. Poland, 12 Neb., 69. Lavyrence v. Fox, 20 N. Y., 268. Dwyer v. Gibson, 16 Wis., 580. Calkins v. Chandler, 36 Mich., 323. Yoimg v. French, 35 Wis., 111. Hoover v. Morris, 3 Ohio, 56. Wright v. M’Cullly, 67 Mo., 134. Fitzgerald v. Morrissey, 14 Neb., 198. cited: Anderson v. Davis, 9 Yt., 136. Eddy v. Roberts, 17 111., 506. Westhamer v. Peacock, 2 la., 528. Sternbwrg v. Callanoh, 14 la., 259. Brown v. Weber, 38 N. Y., 187. Gower v. Stewart, 40 Mich., 747. Steivart v. Campbell, 4 Am. Repts., 296.

1Opinion of the Court

Lake, Ch. J.

Of the errors complained of, the primary one is that of the county court, committed in ruling upon the admissibility of testimony offered to show a promise, by one R. Hatchett, to pay for a stove purchased by his wife, on her own credit from the witness Richards. The claim of Richards upon Hatchett for the stove had been transferred to the plaintiff in error.

The action in the county court was brought by the defendant in error on a due bill, not negotiable, duly assigned to him by said Hatchett, to whom the plaintiff in error had given it. There was no dispute as to the amount…

2Cases cited2 opinions

  1. Montgomery v. EdwardsSupreme Court of Vermont · 1873
  2. Eiseley v. MalchowNebraska Supreme Court · 1879

3Cited by7 opinions

  1. Ford v. StateNebraska Supreme Court · 1895
  2. Western Home Insurance v. RichardsonNebraska Supreme Court · 1894
  3. I. Oberfelder & Co. v. KavanaughNebraska Supreme Court · 1890
  4. Malm v. ThelinNebraska Supreme Court · 1896
  5. Combs v. Owens Motor Co.Nebraska Supreme Court · 1931

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