Oberne v. Burke

This is a proceeding prosecuted by the plaintiffs in error, hereafter called the defendants, to reverse a judgment of the district court for Douglas county based upon the following instrument:

*765“South Omaha, Neb., April 26,1897.

“M. Burke <& Sons, U. S. Yards, Neb. — Dear Sirs: We will guaranty the payment by R. Kunath in thirty days the sum of seven hundred ninety-one and 28-100 dollars, for seventeen head of cattle.. “Oberne, Hosick &. Co.,

“Per Harmon.”

By the answer interposed below every allegation of the petition is put in issue; however, the only substantial controversy relates to the…