Omaha National Bank v. Kiper
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Slabaugh, J. The plaintiffs below distinctly fail to allege any damage resulting from the facts alleged, but simply allege another conclusion — that the defendant became and was lable to plaintiffs for the sum of said draft.
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Error to the district court for Douglas county. Tried below before Slabaugh, J. The plaintiffs below distinctly fail to allege any damage resulting from the facts alleged, but simply allege another conclusion — that the defendant became and was lable to plaintiffs for the sum of said draft. That an execution had been issued and returned nulla bona, that the judgment remains unsatisfied, and that damage has resulted to the plaintiff, are three allegations that are necessary to enable the plaintiff to set out a prima facie case. The failure to state a material fact raises a presumption against…
1Opinion of the CourtSullivan, J.
The defendants in error, who will be hereafter referred to as the plaintiffs, brought this action to recover of the Omaha National Bank damages resulting, it is claimed, from the bank’s negligence in connection with a. certain draft sent to it for collection. The cause was tried without the aid of á jury, and resulted in a finding and judgment against the defendant for the amount claimed in the petition.
The material facts are here set out: On November 9, 1894, the plaintiffs, who were partners doing business in the city of Chicago under the firm name of Kiper & Sons, drew a sight draft on P.…
2Cases cited2 opinions
- First National Bank v. Fourth National BankNew York Court of Appeals · 1879
- Buell v. ChapinMassachusetts Supreme Judicial Court · 1868
3Cited by15 opinions
- Sorensen v. SorensenNebraska Supreme Court · 1903
- Joseph Mogul, Inc. v. C. Lewis Lavine, Inc.New York Court of Appeals · 1928
- People ex rel. Barrett v. Central Republic Trust Co.Appellate Court of Illinois · 1939
- Winchell v. National Bank of Commerce Trust & Savings Ass'nNebraska Supreme Court · 1967
- Nielsen v. RebardNevada Supreme Court · 1919
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