Garnett v. Meyers
Nebraska Supreme Court
Appeal from the district court for Antelope county. Heard below before Robinson, J. One can not plead agency from a mere course of dealing or custom, unless one has had knowledge of such course of dealing or custom, and has relied upon the same to establish the agency pleaded. The appellee in this case can not plead' an agency of which he had no knowledge from a course of dealing which never even suggested itself to him until this suit was commenced.
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Appeal from the district court for Antelope county. Heard below before Robinson, J. One can not plead agency from a mere course of dealing or custom, unless one has had knowledge of such course of dealing or custom, and has relied upon the same to establish the agency pleaded. The appellee in this case can not plead' an agency of which he had no knowledge from a course of dealing which never even suggested itself to him until this suit was commenced. This principle is laid down in Crane v. Qruenewald, 24 N. E. Rep. [N. Y. App.], 456. No mere course of dealing between third parties can bind…
1Opinion of the CourtSedgwick, J.
This action was brought to foreclose a real estate mortgage. The trial court found for the defendants, and entered a decree accordingly. The plaintiff brings the record here on appeal.
It is conclusively established by the evidence that on the 31st day of July, 1889, the defendants Meyers and wife executed and delivered to the Globe Investment Company their note for $550 and the mortgage sought to be foreclosed to secure the payment of said note; that on the 19th day of September, 1889, the Globe Investment Company indorsed the note in blank, executed an assignment in blank of the mortgage,…
2Cases cited1 opinion
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