Bennett v. Rogers
Nebraska Supreme Court
Error to the district court for York county, where the •cause had been brought on appeal from the county court. The action was brought in that court by Rogers et al., against Bennett et al., to recover the value of eleven -acres of corn, alleged to have been converted by said Bennett et al. to their own use.
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Error to the district court for York county, where the •cause had been brought on appeal from the county court. The action was brought in that court by Rogers et al., against Bennett et al., to recover the value of eleven -acres of corn, alleged to have been converted by said Bennett et al. to their own use. Both parties claimed ■the corn by purchase from one Dodge, the plaintiffs by ■purchase between the 18th and 25th of September, the defendants by agreement on the 19th of September, made between Bennett, agent for Ferguson, who owned the land, and Dodge, tenant, by which the latter turned…
1Opinion of the CourtCobb, J.
The plaintiffs in error present two points.
First. That the verdict is not sustained by the evidence.
Second. That the court erred in its instructions to the jury.
There is little or no conflict in the testimony. There can be no doubt that Dodge sold the corn to the defendants in error, nor that he turned the same out to Bennett, one of the plaintiffs in error, in payment of the rent of the ground upon which it and other crops were raised. The question is, which was prior in point of time. The transaction being equal in good faith and consideration on the part of the parties to the suit,…
2Cases cited1 opinion
- Brown v. HurstNebraska Supreme Court · 1874
3Cited by1 opinion
- Richardson v. StoneNebraska Supreme Court · 1891