Legal Opinion

Morris v. Morton

Nebraska Supreme Court

Decided January 15, 1883PublishedCited by 5 opinions

Error to the district oourt for Saline county. Tried below before Weaver, J. on delivery, cited: JBurson v. Mwrvtington, 21 Mich., 416. Mahon v. Sawyer, 18 Ind., 73. Thomas v. Watkins, 16 Wis., 550. Woodford v. Darwin, 3 Vermont, 82. Walker v. Evert, 29 Wis., 194. Presumption of Payment. Long v. Bank, 1 Litt., 200. Beebe v. Bank, 4 Ark., 546. Callahan v. Bank, 78 Ky., 604. cited: 1 Daniels Neg.

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Error to the district oourt for Saline county. Tried below before Weaver, J. on delivery, cited: JBurson v. Mwrvtington, 21 Mich., 416. Mahon v. Sawyer, 18 Ind., 73. Thomas v. Watkins, 16 Wis., 550. Woodford v. Darwin, 3 Vermont, 82. Walker v. Evert, 29 Wis., 194. Presumption of Payment. Long v. Bank, 1 Litt., 200. Beebe v. Bank, 4 Ark., 546. Callahan v. Bank, 78 Ky., 604. cited: 1 Daniels Neg. Inst., 710. Parsons’ Notes and Bills, 109. Bank v. Strong, 72 111., 559. Winters v. Some Ins. Co., 30 Iowa, 172.

1Opinion of the CourtMaxwell, J.

This action is brought on a promissory note, of which the following is a copy:

“$300. Wilber, Neb., January 9th, 1879.
“ Six months after date, we promise to pay to the order of J. W. Wehn, Jr., three hundred dollars at W. C. Henry’s bank, Wilber, Nebraska, for value received, with interest at 10 per cent per annum, payable annually, and in any action that may be brought for any sum due under the provisions of this note by the holder thereof, he shall be entitled to recover of the makers thereof a reasonable sum as attorney’s fee, to be fixed by the court
“ M. Wehn.
“ W. T. Meads.
“ A. V. Herman.
“…

2Cases cited2 opinions

  1. Grandin v. Le Roy & SmythNew York Court of Chancery · 1831
  2. Bank of Rutland v. BuckNew York Supreme Court · 1830

3Cited by5 opinions

  1. Evans v. Speer Hardware Co.Supreme Court of Arkansas · 1898
  2. Rabb v. SeidelCourt of Appeals of Texas · 1920
  3. McCaslin v. WillisMississippi Supreme Court · 1944
  4. First National Bank of Cisco v. WoodCourt of Appeals of Texas · 1894
  5. National Bank v. LindsaySuperior Court of Delaware · 1910

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