Matoushek v. Dutcher & Sons
Nebraska Supreme Court
Error from the district court for Boyd County. Action on account for livery hire, hauling freight, et ccetera», to recover an alleged remainder due of $387.15. Plea of the general issue as to a portion of the items, set-off as to remainder, closing with a prayer for judgment for $263.83 in favor of defendant. Reply, general denial. Tried below before Harrington, J. Verdict of $127 for plaintiff. Judgment according to verdict.
1Opinion of the Court
Barnes, O.
Dutcher & Sons commenced this action in the district court of Boyd county to recover from Frank Matoushek a remainder alleged to be due them for hauling freight, for livery hire, and various other items of account, amounting to the sum of $887.15. Matoushek, by his answer, admitted certain of the items set forth in the petition, denied others, and set up a set-off or counter-claim against the Dutchers for and on account of payments made and certain goods, wares and merchandise sold and delivered to them, and prayed for a judgment in his favor for the sum of $263.83. The reply…
2Cited by6 opinions
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- Blum v. Standard Oil Co.North Dakota Supreme Court · 1938
- Baird v. UnterseherNorth Dakota Supreme Court · 1929
- Pennington County Bank v. BaumanNebraska Supreme Court · 1908
- Van Horn v. Cooper & Cole Bros.Nebraska Supreme Court · 1911
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