Rice v. Winters
Nebraska Supreme Court
Appeal from the district court of Buffalo county. Heard below before Neville, J. The facts are stated by the commissioner. The appellants contend that the appellee, not being a surety or guarantor of the defendant Winters, nor having any junior lien upon the premises of any kind to protect, and not being under any obligation, moral or legal, to pay the notes and mortgages executed by Winters to Moore, was a stranger. (Suppiger v. Garrels, 20 Ill. App., 625; JEtna IAfe Ins.
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Appeal from the district court of Buffalo county. Heard below before Neville, J. The facts are stated by the commissioner. The appellants contend that the appellee, not being a surety or guarantor of the defendant Winters, nor having any junior lien upon the premises of any kind to protect, and not being under any obligation, moral or legal, to pay the notes and mortgages executed by Winters to Moore, was a stranger. (Suppiger v. Garrels, 20 Ill. App., 625; JEtna IAfe Ins. Co. v. Town of Middleport, 124 U. S., 549.) When appellee loaned Winters the money with which to liquidate, he was a…
1Opinion of the Court
Ragan, C.
From the transcript of the record and the briefs of counsel we understand the facts in this case to be substantially these: On the 15th of June, 1887, William Winters became indebted to one R. A. Moore, and as an evidence of such indebtedness executed and delivered to Moore on said date two notes of $700, each due respectively on the 15th days of June, 1888 and 1889, and secured said debt by a mortgage upon certain real estate. On the 30th day of April, 1888, Winters also became indebted to Grommes & Ullrich in the sum of $3,829.76, and as an evidence of said debt gave to them a…
2Cases cited7 opinions
- Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
- Kitchell v. MudgettMichigan Supreme Court · 1877
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- Watson v. WilcoxWisconsin Supreme Court · 1876
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