Legal Opinion

School District No. Two v. Stough

Nebraska Supreme Court

Decided January 15, 1876PublishedCited by 19 opinions

This was a petition in error to reverse a judgment of tbe district court of Dixon county, obtained against plaintiff in error, wbo was- defendant there. The facts appear in the opinion. contended, that the district could set up any defense which it would have had in an-action brought by the payee of the orders sued on, and cited the following cases : Dillon on Mun.

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This was a petition in error to reverse a judgment of tbe district court of Dixon county, obtained against plaintiff in error, wbo was- defendant there. The facts appear in the opinion. contended, that the district could set up any defense which it would have had in an-action brought by the payee of the orders sued on, and cited the following cases : Dillon on Mun. Corp., 406, 407, 412. Halstead v. The Mayor, 3 New York, 430. Thomas v. City of Richmond, 12 Wall., 349. Webster Country v. Taylor, 19 Iowa, 117. People v. Supervisors, 11 Cal., 170. Sturtevant v. Diberty, 46 Maine, 457. Smith v.…

1Opinion of the Court

Lake, Ch. J.

The first question that we will notice is whether or not the orders upon which the action was brought so partake of the character of negotiable instruments as to estop the school district, as against a bona fide holder for value, from availing itself of any defense which it would have had in an action brought by the payee. That the indorsee of such orders is in no better situation than the payee, and takes them subject to all their infirmities, such as ultra vires, want, or failure of consideration, is too well settled by the authorities to be questioned. In this respect they have…

2Cited by19 opinions

  1. Bartley v. StateNebraska Supreme Court · 1898
  2. State ex rel. Graham v. TibbetsNebraska Supreme Court · 1897
  3. Attorney General ex rel. Fuller v. ParsellMichigan Supreme Court · 1894
  4. Sovereign v. StateNebraska Supreme Court · 1878
  5. Jacobberger v. School District No. 1Oregon Supreme Court · 1927

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