McCausland v. Ralston
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. The facts sufficiently appear in the opinion of the court. I. The evidence of fraud in the execution of the note was inadmissible, because the note, although void as to creditors, was perfectly good as between the parties. The statute of this state does not make such an instrument absolutely void; but only so as to creditors. (1 Comp.
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Appeal from the District Court of the First Judicial District, Storey County. The facts sufficiently appear in the opinion of the court. I. The evidence of fraud in the execution of the note was inadmissible, because the note, although void as to creditors, was perfectly good as between the parties. The statute of this state does not make such an instrument absolutely void; but only so as to creditors. (1 Comp. L. secs. 297, 298, 299, 800.) When the statute expressly declares that such instrument as against the persons, hindered, delayed, or defrauded, shall be void, can anything be clearer…
1Opinion of the Court
*201By tbe Court,
Hawley, C. J.:
This action was brought by plaintiff to recover the sum of twenty-two thousand eight hundred and twelve dollars and fifty-nine cents, alleged to be due upon certain promissory notes executed and delivered to him by T. F. Smith, since deceased.
The only controversy between the parties is as to the validity of one note in the sum of sixteen thousand dollars. The defendant claims that this note was made and delivered to plaintiff, without consideration, for the sole purpose of protecting the property of the deceased from one George T. Marye, who had instituted an action…
2Cases cited20 opinions
- Nellis v. ClarkNew York Supreme Court · 1838
- Clemens v. ClemensWisconsin Supreme Court · 1871
- Schroeder v. GemeinderNevada Supreme Court · 1875
- Findley v. CooleyIndiana Supreme Court · 1823
- Stringer v. DavisCalifornia Supreme Court · 1866
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3Cited by20 opinions
- Green v. StateCourt of Criminal Appeals of Texas · 1908
- Havas v. AlgerNevada Supreme Court · 1969
- McLeod v. LeeNevada Supreme Court · 1882
- Davis v. SittigTexas Supreme Court · 1886
- Hoffman v. McMullenCourt of Appeals for the Ninth Circuit · 1897
15 more not listed; retrieve them via the Exa API.