Storz v. Finklestein
Nebraska Supreme Court
Error from tbe district court of Douglas county. Tried below before Keysor, J. Tbe facts are stated in tbe opinion. Permitting a reply to be filed during a trial is a ground for continuance where new issues are raised. (Taylor v. Hefner, 4 Blackf. [Ind.], 387*.) Mere knowledge of tbe seller that tbe buyer intends to put tbe goods to an unlawful use, where they may be lawfully used, will not make tbe sale illegal or prevent tbe recovery of tbe purchase price.
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Error from tbe district court of Douglas county. Tried below before Keysor, J. Tbe facts are stated in tbe opinion. Permitting a reply to be filed during a trial is a ground for continuance where new issues are raised. (Taylor v. Hefner, 4 Blackf. [Ind.], 387*.) Mere knowledge of tbe seller that tbe buyer intends to put tbe goods to an unlawful use, where they may be lawfully used, will not make tbe sale illegal or prevent tbe recovery of tbe purchase price. (Tiedeman, Sales, sec. 294; Tlúmes v. Stumpff, 33 Kan., 62; Botoman Distilling Go. v. Nutt, 34 Kan., 724; Benjamin, Sales [4th Am, ed.],…
1Opinion of the CourtNor val, J.
This action was brought upon an attachment bond by Louis M. Finklestein against Gottlieb Storz and Joseph D. Her, as principals, and Theodore Olsen, as surety upon said bond, to recover damages for the alleged wrongful suing out of a writ of attachment and levying it upon certain personal property of the plaintiff. The petition contains the usual averments. Storz & Iler, in their answer, admit the bringing of the attachment suit', *30the filing of an affidavit for attachment, the issuing of the writ of attachment, the levying thereof on plaintiff’s-property, and that the court discharged the…
2Cases cited25 opinions
- Missouri Pacific Railway Co. v. HaysNebraska Supreme Court · 1883
- Dixon v. StateNebraska Supreme Court · 1895
- Stratton v. DoleNebraska Supreme Court · 1895
- Pierse v. MilesMontana Supreme Court · 1885
- Nelson v. JenkinsNebraska Supreme Court · 1894
20 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Patterson v. KerrNebraska Supreme Court · 1934
- Taylor v. FluhartyIdaho Supreme Court · 1922
- Hartford Fire Insurance v. CoreyNebraska Supreme Court · 1897
- Slaughter v. NolanSouth Dakota Supreme Court · 1918
- Alling v. FisherNebraska Supreme Court · 1898
11 more not listed; retrieve them via the Exa API.