Mowery v. P. P. Mast & Co.
Nebraska Supreme Court
Error to the district court for Adams county. Tried before Pound, J., in the absence of Gaslin, J. cited: 1 Nash Practice, 555. Mores v. Trioe, 21 Gratt., 556. Kinsdale v. Bank, 6 Wend., 378. Hopkins v. Adams, 20 Yerm., 407. Bosey v. Decatur Bank, 12 Ala., 802. 2 Daniels, 1477 — 8. 2 Parsons on Notes and Bills, 302. cited: Mason v. King, 15 Ohio, 242. 1 Wait’s Actions and Defenses, 166, and cases cited.
1Opinion of the CourtMaxwell, J.
This is an action on a guaranty made by Mowery to Mast & Co. upon a promissory note, the note being lost after it became due. The guaranty is as follows : “For value received we hereby guarantee the payment of the within note, and waive protest, demand, and notice of nonpayment thereof, G. W. Mowery.” The action was commenced before a justice of the peace, who rendered judgment in favor of Mowery, and dismissed the action. Mast & Co. appealed the cause to the district court, where they recovered judgment for the sum of $111.43. Mowery brings the cause into this court by petition in error. It…
2Cited by4 opinions
- Kirkwood v. First National BankNebraska Supreme Court · 1894
- Palmer v. CarpenterNebraska Supreme Court · 1898
- Bashus v. AbboudNebraska Supreme Court · 1941
- Means v. KendallNebraska Supreme Court · 1892