Collingwood v. Merchants Bank
Nebraska Supreme Court
Error to the district court for Saline county. Heard below before Weaver, J. cited: Commercial Bank v. Hughes, 17 Wend., 94. Chitty on Bills, 218. Pollard v. Bowen, '57 Ind., 232. Sheldon v. Horton, 43 N. Y., 97. Bryant v. Wilcox, 49 Cal., 47. Barclay v. Weaver, 19 Penn. St., 396. Jones v. Fales, 4 Mass., 252. Curtis v. Martin, 20 111., 557. Wood v. Price, 46 Id., 436. If there has been in fact a waiver of demand or notice, drawer is held in case of non-payment.
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Error to the district court for Saline county. Heard below before Weaver, J. cited: Commercial Bank v. Hughes, 17 Wend., 94. Chitty on Bills, 218. Pollard v. Bowen, '57 Ind., 232. Sheldon v. Horton, 43 N. Y., 97. Bryant v. Wilcox, 49 Cal., 47. Barclay v. Weaver, 19 Penn. St., 396. Jones v. Fales, 4 Mass., 252. Curtis v. Martin, 20 111., 557. Wood v. Price, 46 Id., 436. If there has been in fact a waiver of demand or notice, drawer is held in case of non-payment. Tucker & Co. v. Fairbanks, 98 Mass., 101. Parson v. Dickenson, 23 Mich., 56. Coddington v. Davis, 1 New York, 86. Spencer v. Harvey,…
1Opinion of the CourtMaxwell, J.
The plaintiff alleges in his petition that in April, 1875, he had on deposit in the defendant bank the sum of $5,500, upon which, under an agreement, the bank was to pay eight per cent interest; that at that time the plaintiff, intending to go to Colorado for the purpose of purchasing a herd of cattle of one Daniels, entered into an agreement with said bank to surrender his certificates of deposit to the bank and take in lieu thereof certain bills of exchange or sight drafts on New York to the amount of $5,500; that it was expressly agreed that in case the plaintiff did not purchase said…
2Cases cited2 opinions
- Pollard v. BowenIndiana Supreme Court · 1877
- Gage v. RobertsNebraska Supreme Court · 1882
3Cited by8 opinions
- Davis v. SternsNebraska Supreme Court · 1909
- Sayre v. MohneyOregon Supreme Court · 1899
- Ede v. WardSouth Dakota Supreme Court · 1913
- Donisthorpe v. Fremont, E. & M. V. R.Nebraska Supreme Court · 1890
- Norbeck & Nicholson Co. v. PeaseSouth Dakota Supreme Court · 1907
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