German National Bank v. Leonard
Nebraska Supreme Court
Error from the district, court of Adams county. Tried below before Gaslin, J. See opinion for statement of the case. A compromise effected by the parties with all the facts before them, and without fraud or bad faith on the part of either, will not be disturbed.
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Error from the district, court of Adams county. Tried below before Gaslin, J. See opinion for statement of the case. A compromise effected by the parties with all the facts before them, and without fraud or bad faith on the part of either, will not be disturbed. (Thompson v. Sawyer, 14 S. W. Rep. [Ky.], 909; Gilek v. Stock, 33 111. App., 147'; Mills v. Miller, 2 Neb., 313.) In order to rescind the settlement on the ground of frautjf Leonard must surrender the benefits derived under it. The fact he has failed to do so is a recognition of the settlement, and he is bound by it. (Hartv. Gould, 62…
1Opinion of the Court
Irvine, C.
A proper consideration of some of the errors in this case demands a statement of the pleadings. The defendant in error, Leonard, brought the action against the plaintiff in error (hereinafter referred to as the “bank”), alleging in his petition that on the 12th day of December, 1889, one George A. Stewart, being then indebted to the plaintiff, paid into the bank to his use $764.60; that on July 1, 1890, the bank paid plaintiff $450, and that there remained due the sum of $314.60, with interest. He further averred that at the time the $450 was paid, the bank represented to plaintiff…
2Cases cited3 opinions
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- Chicago, Burlington & Quincy Railroad v. OysterNebraska Supreme Court · 1899
- Gentry v. BurgeNebraska Supreme Court · 1935
- Kastner v. StateNebraska Supreme Court · 1899
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