Barnum v. Young
Nebraska Supreme Court
Error to the district court for Platte county. The action there was on a note given by defendant, a married woman, to one John G. Compton, and by him transferred to Barnum. Verdict and judgment before Post, J., for defendant.
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Error to the district court for Platte county. The action there was on a note given by defendant, a married woman, to one John G. Compton, and by him transferred to Barnum. Verdict and judgment before Post, J., for defendant. It will be conceded that if the defendant had been a married man, laboring under no disability, those instructions, which were to the effect that if the jury found that the plaintiff was a bona fide holder for value in the usual course of business, before maturity, without notice of any equities existing between the original parties to the note, the verdict should have…
1Opinion of the CourtCobb, J.
Upon the trial of this cause in the district court the following instructions were given on the court’s own motion, and excepted to by the plaintiff.
“ 1. The defendant being a married woman at the time she signed the note in question, she will not be liable for the payment thereof unless it was given with reference to, and on the faith and credit of, her separate property and estate. 2. You are instructed by the court that under the law and evidence of this case the material question for you to settle from the evidence is, Did the defendant, at the time she gave the note to John G-. Compton,…
2Cases cited2 opinions
- Hale v. ChristyNebraska Supreme Court · 1879
- Davis v. First National BankNebraska Supreme Court · 1876
3Cited by9 opinions
- Grand Island Banking Co. v. WrightNebraska Supreme Court · 1898
- Smith v. SpauldingNebraska Supreme Court · 1894
- Houghton v. MilburnWisconsin Supreme Court · 1882
- Godfrey v. MegahanNebraska Supreme Court · 1894
- Burns v. CooperCourt of Appeals for the Eighth Circuit · 1905
4 more not listed; retrieve them via the Exa API.