Dietz v. City National Bank
Nebraska Supreme Court
Error from the district court of Adams county. Tried below before Gaslin, J. The facts are stated in the opinion. The plaintiff in error cannot be held to have authorized the indorsement sued on. (1 Daniels, Negotiable Instruments, secs. 292, 294; GulieJc v. Grover, 97 Am. Dec. [N. J.], 728; Davidson v. Stanley, 2 Man. & G. [Eng.], 721; Rossiterv. Rossiter, 24 Am.Dec. [N. Y.], 62; Wood v. MoCain, 42. Am. Dec. [Ala.], 612; Breed v. First Nat.
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Error from the district court of Adams county. Tried below before Gaslin, J. The facts are stated in the opinion. The plaintiff in error cannot be held to have authorized the indorsement sued on. (1 Daniels, Negotiable Instruments, secs. 292, 294; GulieJc v. Grover, 97 Am. Dec. [N. J.], 728; Davidson v. Stanley, 2 Man. & G. [Eng.], 721; Rossiterv. Rossiter, 24 Am.Dec. [N. Y.], 62; Wood v. MoCain, 42. Am. Dec. [Ala.], 612; Breed v. First Nat. Bank, Central City, 4 Col., 481; Union Bank v. Mott, 39 Barb. [N. Y.], 180; Paige v. Stone, 10 Met. [Mass.], 160; Craighead v. Petterson, 72 N. Y., 279 ;…
1Opinion of the Court
Ryan, C.
Charles N. Dietz was sued in the district court of Adams county as indorser on a note of Mary E. Swick and Peter. Swiek for $286.30, made on May 23,1890, to C. N. Dietz. *586The indorsement on the said note on which Dietz was sought to be held liable was in these words: “C. N. Dietz, per M. L. Elsemore.” Dietz was served with summons in Douglas county; his co-defendants, served in Adams county, made default, upon which judgment was rendered against them. The question litigated was the liability of Dietz upon the indorsement set out: first, because of Elsemore’s authority to use the name…
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