Henry v. Vliet
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Groff, J. cited, as to the pre-existing debt as a consideration, cases referred to in the opinion. As to the release of the indorser: Smith v. Worman, 19 O. St., 150; Clark v. Barnes, 34 N. W. Rep. [la.], 419; Gilchrist v, Gough, 63 Ind., 576; Craft v. Russell, 67 Ala., 9; Soule v. Shotwell, 52 Miss., 238; Gibson v. Connor, 3 Kelly [Ga.], 47; Bank v, Wallace, 12 N. E. Rep. [O.], 439; Daniel, Neg.
Read the full summary
Error to the district court for Douglas county. Tried below before Groff, J. cited, as to the pre-existing debt as a consideration, cases referred to in the opinion. As to the release of the indorser: Smith v. Worman, 19 O. St., 150; Clark v. Barnes, 34 N. W. Rep. [la.], 419; Gilchrist v, Gough, 63 Ind., 576; Craft v. Russell, 67 Ala., 9; Soule v. Shotwell, 52 Miss., 238; Gibson v. Connor, 3 Kelly [Ga.], 47; Bank v, Wallace, 12 N. E. Rep. [O.], 439; Daniel, Neg. Inst., sec. 829a. Nine state courts and the federal supreme court hold that a pre-existing debt does not make the one securing it a…
1Opinion of the Court
Cobb, Ch. J.
The defendants in error brought their action for the possession of sixty barrels of gasoline, 750 cases of 100 flash oil, and 300 cases two-fifths 150 W. W. oil, laying damages at $500.
The defendant below made a general denial.
There was a trial to a jury October 29, 1887, with findings that the plaintiffs were entitled to possession; that the defendant was indebted to the plaintiffs $757.52-| for the goods with damages for detention of five cents. Motion for new trial was overruled and judgment entered on the verdict.
The plaintiff in error claims that on July 21, 1886, L. A.…
2Cases cited10 opinions
- Frey v. CliffordCalifornia Supreme Court · 1872
- Butters v. HaughwoutIllinois Supreme Court · 1866
- Turner, Frazer & Co. v. KillianNebraska Supreme Court · 1882
- Clark v. TennantNebraska Supreme Court · 1877
- Shufeldt v. PeaseWisconsin Supreme Court · 1863
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
- Carey v. DyerWisconsin Supreme Court · 1897
- Dorr v. MeyerNebraska Supreme Court · 1897
- Henry v. VlietNebraska Supreme Court · 1893