Legal Opinion

Brown v. Hurst

Nebraska Supreme Court

Decided July 15, 1874PublishedCited by 10 opinions

Petition in error from the district court of Otoe county. The opinion states the case. 1. The evidence in the court below was clear that Hurst never signed the note, or intended to sign the note; and if the evidence was conflicting, and the question purely one of fact, the supreme court will not disturb the verdict. Clark v. Davis, 7 Terns, 556. Sims v. Chance, Id. 561. Lessees of Ludlow v. Pa/rk, 4 OMo, 40. State v. Lamont, 2 Wis., 437. Bates v. Bates, 27 Iowa, 110. II.

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Petition in error from the district court of Otoe county. The opinion states the case. 1. The evidence in the court below was clear that Hurst never signed the note, or intended to sign the note; and if the evidence was conflicting, and the question purely one of fact, the supreme court will not disturb the verdict. Clark v. Davis, 7 Terns, 556. Sims v. Chance, Id. 561. Lessees of Ludlow v. Pa/rk, 4 OMo, 40. State v. Lamont, 2 Wis., 437. Bates v. Bates, 27 Iowa, 110. II. There were no exceptions made to the charge of the court by'plaintiff in error in the court below, and the record discloses…

1Opinion of the Court

Lake, Oh. J.

This action was brought in the court below, upon a promissory note purporting to have been executed by the defendant in error, and payable to Kirkham & Oone or bearer. The petition alleges that Kirkham & Oone sold and transferred the note, before maturity, for a valuable consideration, to one Ensign, who afterwards, for a like consideration, transferred it to the plaintiff.

The defendant denies the execution and delivery of the note to Kirkham & Oone, but makes no denial of the other allegations of the petition. There are several other facts embodied in the answer, relative to the…

2Cited by10 opinions

  1. Gibson v. GibsonNebraska Supreme Court · 1888
  2. Fitzgerald v. Fitzgerald & Mallory Construction Co.Nebraska Supreme Court · 1894
  3. Sycamore Marsh Harvester Co. v. GrundradNebraska Supreme Court · 1884
  4. Mallard v. First National BankNebraska Supreme Court · 1894
  5. Worthington v. WorthingtonNebraska Supreme Court · 1891

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