Gage v. Phillips
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Ormsby county. Richard Rising, District Judge. The facts- are stated in the opinion. I. Even if the court should refuse to consider the testimony ■of defendant on the ground that the opposite party to the transaction is dead, the testimony of disinterested witnesses, coupled with strong circumstances, make it clear that the bill of sale was given as security for a sum. of borrowed money not involved in this ease. II.
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Appeal from the District Court of the State of Nevada, Ormsby county. Richard Rising, District Judge. The facts- are stated in the opinion. I. Even if the court should refuse to consider the testimony ■of defendant on the ground that the opposite party to the transaction is dead, the testimony of disinterested witnesses, coupled with strong circumstances, make it clear that the bill of sale was given as security for a sum. of borrowed money not involved in this ease. II. The court erred in excluding the offered testimony of defendant as to payment and satisfaction on the ground that Hampton,…
1Opinion of the Court
By the Court,
Murphy, J.:
This action was brought by W. S. Gage, as surviving partner of the firm composed of Clark P. Hubbell, J. 0. Hampton and W. S. Gage, doing business under the firm name of J. C. Hampton & Co., to foreclose a mortgage executed by M. A. Phillips, the defendant, to J. C. Hampton & Co'., of Virginia City, Nev., dated on the 16th day of May, 1887. The complaint contains the usual allegations in actions of the kind.
In her answer the defendant avers: “ That on or about the -day of May, 1888, said defendant was the owner of a certain lot of furniture, carpets, bedding, stoves,…
2Cases cited16 opinions
- Parks v. CaudleTexas Supreme Court · 1882
- Gilbert v. North American Fire InsuranceNew York Supreme Court · 1840
- Wight v. Shelby RailroadCourt of Appeals of Kentucky · 1855
- Shain v. ForbesCalifornia Supreme Court · 1890
- International & Great Northern Railway Co. v. StateCourt of Appeals of Texas · 1889
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3Cited by24 opinions
- Tallman v. First National BankNevada Supreme Court · 1949
- Waters v. Weyerhaeuser Mortgage Co.Court of Appeals for the Ninth Circuit · 1978
- Sims v. GrubbNevada Supreme Court · 1959
- Royston v. MillerU.S. Circuit Court for the District of Nevada · 1896
- Merryman v. SearsArizona Supreme Court · 1937
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