Rudolf v. Winters
Nebraska Supreme Court
This was a petition in error to reverse a judgment of the district court for Lancaster county, Post, J., of the fourth district, presiding. The facts appear in the opinion. cited Renard v. Sampson, 12 N. Y., 561. Baxter v. Downer, 29 Yt., 412. Reed v. McGrew, 5 Ohio, 375. Mwnford v. Wilson, 15 Mo., 540. Berry v. Bacon, 28 Miss., 318. Begg v. Jerome, 7 Mich., 145. Judah v. Trustees, 16 Ind., 56. Dexter v. Snow, 12 Cush., 594.
1Opinion of the Court
Gantt, Oh. J.
The defendant in error sued the plaintiff in the county court upon the following due bill:
“Lincoln, June 29, 1875.
“ Due the bearer, L. S. Winters, five hundred and twenty-five dollars, on demand. A. C. Rudolf.”
To this cause of action the plaintiff in error pleaded as a first defense that some time afterwards it was by and between the defendant in error and himself “ ex*127pressly agreed that the sum of money evidenced by this instrument should be and remain in his hands as the advance or capital deposited ” by defendant in error, as his portion of moneys to be invested in grain…
2Cases cited3 opinions
- Pickering v. CeaseIllinois Supreme Court · 1875
- Odiorne v. MaxcyMassachusetts Supreme Judicial Court · 1818
- Kellogg v. Huntington, Sharp & Co.Nebraska Supreme Court · 1875
3Cited by11 opinions
- Moline, Milburn & Stoddard Co. v. CurtisNebraska Supreme Court · 1893
- Morrissey v. BroomalNebraska Supreme Court · 1893
- Whitesides v. HuntIndiana Supreme Court · 1884
- Ives v. BoyceNebraska Supreme Court · 1909
- Lane v. Logan Grain Co.Missouri Court of Appeals · 1904
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