First National Bank v. Yocum
Nebraska Supreme Court
Error from the district court for Adams county. Tried below before Gaslin, -J. The action was on a promissory note given by Yocum to one Clark, in payment of a package of cloth, etc., and by Clark assigned to plaintiff.
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Error from the district court for Adams county. Tried below before Gaslin, -J. The action was on a promissory note given by Yocum to one Clark, in payment of a package of cloth, etc., and by Clark assigned to plaintiff. Defense: Fraudulent representations in quality of cloth, etc., that cloth was of no value whatever, etc., that Clark falsely represented to said defendant that-Benjamin Bailey and others had purchased similar packages of cloth, etc., when in truth and fact, Bailey and others had not made any such purchase. Judgment below for defendant. The bill of exceptions having been…
1Opinion of the CourtCobb, J.
The first instruction given to the jury upon the trial of this case at the request of the defendant is in the following words: “If the jury find that Patrick Clark the payee named in the promissory note upon which this action was brought falsely represented to said defendant that one Benjamin Baily had purchased of the said Clark a similar package of goods to the package of goods sold and delivered by said Clark to the defendant, for which said promissory note was given, and that the said Benjamin Baily had paid for said package of goods so purchased by him the sum of one hundred and fifty…
2Cited by8 opinions
- Rasmussen v. Hungerford Potato Growers Ass'nNebraska Supreme Court · 1923
- American Building & Loan Ass'n v. BearNebraska Supreme Court · 1896
- Phenix Iron Works Co. v. McEvonyNebraska Supreme Court · 1896
- A. B. Symns & Co. v. BennerNebraska Supreme Court · 1891
- Aron v. Mid-Continent Co.Nebraska Supreme Court · 1942
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