J. B. Dinsmore & Co. v. Stimbert
Nebraska Supreme Court
This was an action on a promissory note for $90.00, dated Sept. 29, 1879, and payable six months after date, to the order of Laird & Dezendorf. The note came into . the hands of plaintiffs, who alleged that it was bought by them in good faith, for a valuable consideration, and without notice of any failure in consideration or defect.
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This was an action on a promissory note for $90.00, dated Sept. 29, 1879, and payable six months after date, to the order of Laird & Dezendorf. The note came into . the hands of plaintiffs, who alleged that it was bought by them in good faith, for a valuable consideration, and without notice of any failure in consideration or defect. On trial before Weaver, L, and a jury, in the district court for Clay county, verdict and judgment were for defendant, and plaintiffs brought the cause here for review on a petition i-n error. cited 1 Daniels on Neg. Inst., 699. Ross v. Do-land, 29 Ohio St., 473.…
1Opinion of the CourtCobb, J.
The answer of the defendant in the court below is altogether indefinite and uncertain. He first alleges that he never signed the note, and that the signature thereto is not genuine. He then alleges, that if he did sign the note, or the signature thereto is genuine, then, that it was procured through the “ fraud and circumvention of either Laird or Dezendorf or both of them, in some way or manner unknown to the defendant in the transaction and negotiation by the defendant had with the said Laird and Dezendorf in and about the appointment of the defendant, as agent, to sell a certain patent…
2Cases cited3 opinions
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Chapman v. . RoseNew York Court of Appeals · 1874
- Douglass v. MattingSupreme Court of Iowa · 1870
3Cited by15 opinions
- State v. HillNebraska Supreme Court · 1896
- Conwill v. EldridgeSupreme Court of Oklahoma · 1918
- Green v. WilkieSupreme Court of Iowa · 1896
- Miller v. HurfordNebraska Supreme Court · 1882
- Dwelling House Insurance v. BrewsterNebraska Supreme Court · 1895
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