First National Bank v. Ridpath
Nebraska Supreme Court
Error from the district court of Saline county. Tried below before Bush, J. References: Story, Agency, sec. 133; 1 Am. & Eng. Ency. Law, pp. 353-357; British American Mortgage Go. v. Tibi)alls, 63 la., 468; Robinson v. Anderson, 106 Ind., 152; Adams v. Nebraska Gity Nat. Bank, 4 Neb., 370; Marseilles Mfg. Go. v. Morgan, 12 Neb., 66; Alexander v. Graves, 25 Neb., 453; Stump v. Richardson County Bank, 24 Neb., 522.
1Opinion of the Court
Irvine, C.
This was an action of replevin by the plaintiff in ■error against the defendant in error for certain live stock which the plaintiff in error claimed under a ■chattel mortgage executed by the defendant in ■error to Lytle & Maynard, to secure a note which had been sold by Lytle & Maynard to the plaintiff in error. There was a verdict and judgment for the defendant, which the plaintiff seeks to reverse.
The most important assignment of error is that the verdict is not sustained by the evidence. The evidence shows that Ridpath gave to Lytle & Maynard his promissory note for |279.77, May…
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