McCann v. R. L. McDonald & Co.
Nebraska Supreme Court
This cause came up on error from Otoe county. It was tried there before Pound, J., and a jury. The declarations of Eider as to who composed the firm are clearly inadmissible to charge McCann.
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This cause came up on error from Otoe county. It was tried there before Pound, J., and a jury. The declarations of Eider as to who composed the firm are clearly inadmissible to charge McCann. Pleas-ants v. Font, 22 Wall, 116. Converse v. Shambaugh, 4 Neb., 376. McPherson v. Rathbone, 7 Wend, 216. Nelson v. Lloyd, 9 Watts, 22. Cottrell v. Van Dusen, 22 Vt., 511. Jennings v. Estes, 16 Me., 233. Lambert v. Smith, 1 Oranch O. Ct., 361. Thompson v. Richards, 14 Mich., 172. Bank v. Moore, 13 N. H., 99. Pierce v. McCormel, 7 Blackf., 170. Tuttle v. Cooper, 5 Pick., 414. Dutton v. Woodman, 9 Cush.,…
1Opinion of the CourtMaxwell, J.
In the year 1871 the defendants in error brought an action against the plaintiff herein, in the district court of Otoe county, to recover the'sum of $1,516.80. The petition was afterwards amended, and the action brought against the plaintiff herein and one W. W. Smith, as surviving partners of the firm of O. S. Rider and Company. No service was had upon Smith. The plaintiff in error answered the petition, denying all the facts therein stated.
In 1876 the case was tried to a jury, and a verdict rendered against the plaintiff in error for the full amount claimed in the petition. The cause is…
2Cases cited1 opinion
- Converse v. ShambaughNebraska Supreme Court · 1876
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