Haggland v. Stuart
Nebraska Supreme Court
Error to the district court for Madison county. Tried below before Powers, J. The fácts seem to warrant the conclusion that the plaintiff took the paper under circumstances showing bad faith on his part, and he cannot recover.
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Error to the district court for Madison county. Tried below before Powers, J. The fácts seem to warrant the conclusion that the plaintiff took the paper under circumstances showing bad faith on his part, and he cannot recover. (Johnson v. Way, 27 Ohio St., 374; Dobbins v. Oberman, 17 Neb., 163; Citizens Bank v. Ryman, 12 Id., 542.) In order to impeach the bonajides of defendant in error’s holding, it must be shown that he purchased the note with notice of its infirmities, which is not done here. (Stein v. Keeler, 4 G. Greene [la.], 86; Clapp v. Cedar Co., 5 la’., 59; Lane v. Krekle, 22 Id.,…
1Opinion of the Court
Cobb, Ch. J.
The plaintiff in the court below brought suit on the following note:
“$150.- Madison, Nebr., Nov. 32, 1887.
“On the first day of March, 1888, we promise to pay Thos. E. Hall, or order, one hundred and fifty dollars at *71bank of-, for value received, negotiable and payable without defalcation or discount, with 8 per cent interest from date; said interest to become as principal and bear — per cent interest if not paid, and if suit on action is instituted to collect this note, or any part thereof, - promise to pay-dollars as attorney’s fees in said suit or action.
A. J. Haggland.
“Witnessed…
2Cases cited1 opinion
- Conley v. WinsorMichigan Supreme Court · 1879
3Cited by4 opinions
- Violet v. RoseNebraska Supreme Court · 1894
- Central National Bank v. EricsonNebraska Supreme Court · 1912
- Wyman v. SearleNebraska Supreme Court · 1910
- Deerk v. BabcockNebraska Supreme Court · 1930