Legal Opinion

Lincoln National Bank v. Davis

Nebraska Supreme Court

Decided January 15, 1889PublishedCited by 4 opinions

Appeal from the district court of Butler county. Heard below before Post, J. cited : Pachwood v. Gridley, 39 111., 388. liusselman v. MeElhenny, 23 Tnd., 4. 2 Daniel on Negotiable Instruments, Sec. 815. Wortendyke «. Meehan, 9 Neb., 229. Crandall v. Viekery, 45 Barbour, 3 56. Dresser v. Mo., eta., R. R. Co., 93 U. S., 92. cited: 'Crosby v. Grant, 36 N. H., 273. Dobbins v. Oberman, 17 Neb., 163. 1 Daniel Negotiable Instruments, Sec. 28.

1Opinion of the CourtMaxwell, J.

This action was brought in the district court of Butler ■county to foreclose a chattel mortgage, and a decree of foreclosure and sale was entered in favor of said plaintiff for the sum of $670.43 and costs. The defendant appeals.

The defense is stated in his answer, as follows: “The defendant alleges that, on January 6,1883, he borrowed of ■L. T. Nelson the sum of $185, and no more, and gave the said Z. T. Nelson a note for the sum of $222, due in six months from date; that there was no other consideration .for said note than the $185 so borrowed, and by agreement of the said Z. T. Nelson and…

2Cases cited5 opinions

  1. Dresser v. Missouri & Iowa Railway Construction Co.Supreme Court of the United States · 1876
  2. Rogers v. MortonNew York Supreme Court · 1834
  3. Wortendyke v. MeehanNebraska Supreme Court · 1879
  4. Crandall v. VickeryNew York Supreme Court · 1865
  5. Evans v. DeRoeNebraska Supreme Court · 1884

3Cited by4 opinions

  1. Violet v. RoseNebraska Supreme Court · 1894
  2. First National Bank v. MiltonbergerNebraska Supreme Court · 1892
  3. McDonald v. AufdengartenNebraska Supreme Court · 1894
  4. Lincoln National Bank v. DavisNebraska Supreme Court · 1891

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