Thrall v. Omaha Hotel Co.
Nebraska Supreme Court
Appeal from the district court of Douglas county. The opinion states the case. I. The set-off, by an equitable proceeding of independent mutual claims under certain circumstances, is a right long recognized. And the insolvency of one of the parties is of itself a sufficient ground for allowing the other party to insist upon this right.
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Appeal from the district court of Douglas county. The opinion states the case. I. The set-off, by an equitable proceeding of independent mutual claims under certain circumstances, is a right long recognized. And the insolvency of one of the parties is of itself a sufficient ground for allowing the other party to insist upon this right. Lindsey v. Jackson, 2 Paige, 581. Pond v. Smith, 4 Conn., 297. Gay v. Gay, 10 Paige, 369. Simson v. Hart, 14 John., 63. Jeffries v. Evans, 6 B. Mon., 119. E. LI. Copper Co. v. Brown, 46 Me., 418. Keighiley v. Walls, 27 Ind., 384. Simpson v. Huston, 14 Tex.,…
1Opinion of the CourtGantt, J.
It appears by the record, that the defendant hotel company is the owner of the legal title to lots one and two, in block one hundred and thirty-eight, together with the buildings and improvements thereon, situated in the city of Omaha; that on the 16th day of September, 1873, the plaintiff entered into a leasehold contract with said company, for a term of five years from the first day of October, 1873, for so much of the building on the said lots which is known and designated as the “ Grand Central Hotel ” for hotel use, and agreed to pay for the same a yearly rental of four thousand dollars,…
2Cases cited1 opinion
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
3Cited by17 opinions
- Stenberg v. StateNebraska Supreme Court · 1896
- Hurt v. SchneiderSupreme Court of Colorado · 1916
- State ex rel. Davis v. Farmers State BankNebraska Supreme Court · 1925
- Richardson v. DotyNebraska Supreme Court · 1885
- Stone v. SnellNebraska Supreme Court · 1910
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