Hall v. Aitkin
Nebraska Supreme Court
Error to the district court for Buffalo county. Tried below before Hamer, J. cited: Vibbard , m. Johnson, 19 Johns., 77. Armstrong v. Percy, 5 Wend., 536. Case v. Hall, 24 Wend., 102. cited: Parsons on Contracts, 3d Yol., 213, 7th Ed. Schouler on Personal Property, Yol. 2, 584. Bert v. Dewey, 40 N. Y., 283. Sutherland on Damages, 2d Yol., 418, and notes 465.
1Opinion of the Court
Reese, Ch. J.
This was an action to recover the purchase price paid for a team of horses sold by plaintiff in error to defendant in error. It was alleged in the petition that plaintiff in error had no title at the time of the sale, the team being under mortgage to the Aultman <& Taylor Company, •a corporation organized under the laws of the state of Ohio, and that since the purchase by defendant in error the mortgagee had deprived him of possession, by taking the property and foreclosing the mortgage.
The answer filed by plaintiff in error admitted the sale ■of the property, substantially as…
2Cases cited1 opinion
- Burt v. . DeweyNew York Court of Appeals · 1869
3Cited by4 opinions
- Chicago, Rock Island & Pacific Railway Co. v. ArcherNebraska Supreme Court · 1896
- State Ex Rel. Porterie v. Board of Liquidation of State DebtSupreme Court of Louisiana · 1938
- Craw v. AbramsNebraska Supreme Court · 1903
- Hanna v. BuckleyNebraska Supreme Court · 1896