Weir v. Anthony
Nebraska Supreme Court
Error to the district court for Clay county. Tried below before Morris, J. cited, as to right of assignee to sue on contract of guaranty in his own name: Craig v. Parkis, 40 N. Y., 181; Stillman v. Nortlvrup, 17 N. E. Rep. [N. Y.], 379; Waldron v. Marring, 28 Mich., 493; Bank v. Carpenter, 41 la., 518. cited: Brandt, Suretyship, secs. 35,36, 97; 3 Kent, Comm., 183; 2 Parsons, Contracts, 3; 9 Am. & Eng. Enc.
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Error to the district court for Clay county. Tried below before Morris, J. cited, as to right of assignee to sue on contract of guaranty in his own name: Craig v. Parkis, 40 N. Y., 181; Stillman v. Nortlvrup, 17 N. E. Rep. [N. Y.], 379; Waldron v. Marring, 28 Mich., 493; Bank v. Carpenter, 41 la., 518. cited: Brandt, Suretyship, secs. 35,36, 97; 3 Kent, Comm., 183; 2 Parsons, Contracts, 3; 9 Am. & Eng. Enc. Law, 76; 1 Bouv., Law Die., 645; 4Lawson, Rights, Remedies, & Pr., 2737; 2 Daniels, Neg. Inst., sec. 1774; Story, Prom. Notes, sec. 484; Smith v. Dickinson, 6 Humph. [Tenn.], 261; Smith v.…
1Opinion of the CourtNorval, J.
This action was brought by W. S. Weir against S. J. Anthony in the county court of Clay epunty, upon a writ*397ten contract of guaranty made by the defendant to recover the amount of three certain promissory notes executed by one William Watson, payable to the order of the Weir Plow Company, and transferred to the plaintiff.
The petition alleges, substantially, that William Watson, on the 7th day of September, 1886, executed and delivered to the Weir Plow Company his three promissory notes of that date, payable to its order; two for the sum of $132.41 each, with ten per cent interest from November…
2Cases cited5 opinions
- Craig v. . ParkisNew York Court of Appeals · 1869
- First National Bank v. Carpenter, Stibbs & Co.Supreme Court of Iowa · 1875
- Waldron v. HarringMichigan Supreme Court · 1874
- Lemmon v. StrongSupreme Court of Connecticut · 1890
- Mills v. MurryNebraska Supreme Court · 1871
3Cited by3 opinions
- Reios v. MardisCalifornia Court of Appeal · 1912
- Murphy v. Luthy Battery Co.California Court of Appeal · 1925
- Consolidated Nutrition, L.C. v. GroneNebraska Court of Appeals · 1999