Legal Opinion

Jewett v. McGillicuddy

Nebraska Supreme Court

Decided June 23, 1898No. 8200PublishedCited by 2 opinions

Error from the district court of Douglas county. Tried below before Duffie, J. The opinion contains a statement of the case. Under the terms of the writing, liability for the money mentioned therein was not to accrue until the payee’s discharge as Indian agent {Mathews v. Reble, 3 L. R. Ch. App. Gas. [Eng.] 701; Roffey v. Greenwell, 10 Ad. & E. [Eng.] 222; Morse v. Rice, 36 Neb. 217; TJpton v. Ferrers, 5 Yes.

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Error from the district court of Douglas county. Tried below before Duffie, J. The opinion contains a statement of the case. Under the terms of the writing, liability for the money mentioned therein was not to accrue until the payee’s discharge as Indian agent {Mathews v. Reble, 3 L. R. Ch. App. Gas. [Eng.] 701; Roffey v. Greenwell, 10 Ad. & E. [Eng.] 222; Morse v. Rice, 36 Neb. 217; TJpton v. Ferrers, 5 Yes. Jr. [Eng.l 801; Blaney v. Hendricks, 2 W. Bl. [Eng.] 761.) Where parties to a contract fix a definite time in the future when liability shall accrue, interest runs from that time, and…

1Opinion of the Court

Ryan, C.

In this case there was judgment in the district court of Douglas county upon a writing of the following forms:

“$5,000.00. Sidney, Nebraska, April 10, 1883.
“For value received, six months after the fulfillment of certain conditions hereinafter specified, by the person to whom this note is made payable, we, or either of us, promise to pay to Valentine T. McGillicuddy the sum of five thousand dollars, with interest at the rate of six (6) per cent per annum until paid. The consideration and the conditions upon which this note is given are such, that the same shall not become due and…

2Cases cited1 opinion

  1. Morse v. RiceNebraska Supreme Court · 1893

3Cited by2 opinions

  1. Hornstein v. CifunoNebraska Supreme Court · 1910
  2. Franklin National Bank v. Roberts Bros.Supreme Court of North Carolina · 1915

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