French v. Ramge
Nebraska Supreme Court
Error to the Douglas District Court. This was an action brought by French to foreclose two mortgages executed by Ramge to the plaintiff. Ramge was a merchant-tailor, doing business in Omaha, Nebraska.
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Error to the Douglas District Court. This was an action brought by French to foreclose two mortgages executed by Ramge to the plaintiff. Ramge was a merchant-tailor, doing business in Omaha, Nebraska. The defence interposed to the second cause of action was, that French agreed, that if defendant would secure by mortgage the indebtedness then existing on open account from Ramge to him, and pay interest thereon at the rate of twelve per cent per annum, he would postpone payment thereof for five months, and sell and ship Ramge, on a credit of four months, such goods — not exceeding eighteen…
1Opinion of the CourtCbounse, J.
It may be conceded, that securing an open account by mortgage upon the homestead of the debtor, signed by the debtor and his wife, is a good consideration for a promise made by the creditor. The promise set up by Ramge, in his answer to the petition filed by French to foreclose the mortgage so given, is, that French was to sell and ship him further goods, as he might require for his spring trade as a merchant-tailor, to an amount not exceeding eighteen hundred dollars. French failing to send the goods ordered by Ramge, the latter sets up a counter-claim for alleged damages arising from such…
2Cases cited3 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Olmstead v. BurkeIllinois Supreme Court · 1860
3Cited by6 opinions
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Taylor v. ShoemakerAlabama Court of Appeals · 1948
- Wittenberg v. MollyneauxNebraska Supreme Court · 1898
- Denver, T. & G. R. v. Hutchins & HyattNebraska Supreme Court · 1891
- Lambert v. JeffersonAlabama Court of Appeals · 1948
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