Foley v. Holtry
Nebraska Supreme Court
Rehearing of case reported in 41 Neb., 563. in arguing that the evidence submitted was hot sufficient to sustain a finding in favor of the plaintiff upon the merits either in an action at law or in equity, cited: Emery v. Johnson, 37 Neb., 53; McClanahan v. McKinley, 52 la., 222; Dickson v. Knox, 71 la., 728; Poland v. Brownell, 131 Mass., 138; Salem India Rubber Co. v. Adams, 40 Mass., 256; Brown v. Leach, 107 Mass., 364; Ely v. Stewart, 2 Md., 408; Whiting v. ILill, 23…
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Rehearing of case reported in 41 Neb., 563. in arguing that the evidence submitted was hot sufficient to sustain a finding in favor of the plaintiff upon the merits either in an action at law or in equity, cited: Emery v. Johnson, 37 Neb., 53; McClanahan v. McKinley, 52 la., 222; Dickson v. Knox, 71 la., 728; Poland v. Brownell, 131 Mass., 138; Salem India Rubber Co. v. Adams, 40 Mass., 256; Brown v. Leach, 107 Mass., 364; Ely v. Stewart, 2 Md., 408; Whiting v. ILill, 23 Mich., 399; Hobbs v. Parker, 31 Me., 143; Slaughter v. Gerson, 13 Wall. [U. 5.], 379; Long v. Warren, 68 N. Y., 426;…
1Opinion of the Court
Irvine, C.
An opinion was filed in this ease June 26, 1894 (41 Neb., 563). A short statement of the ease will be found in that opinion. The judgment of the district court was then reversed upon the ground that the conduct of the plaintiff, subsequent to a time when the petition admitted he learned of the fraud, estopped him from rescinding tbie contract. A rehearing was allowed and the court is now convinced that in the former opinion an error was committed as to the effect which should be given to the averment in the petition referred to. The language of this averment, in the original…
2Cases cited2 opinions
- Stetson v. RiggsNebraska Supreme Court · 1893
- Foley v. HoltryNebraska Supreme Court · 1894
3Cited by45 opinions
- Johnson v. GulickNebraska Supreme Court · 1896
- Cerny v. Paxton & Gallagher Co.Nebraska Supreme Court · 1907
- Gerner v. MosherNebraska Supreme Court · 1899
- Ashby v. PetersNebraska Supreme Court · 1935
- Pasko v. TrelaNebraska Supreme Court · 1951
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