Townsend v. Star Wagon Co.
Nebraska Supreme Court
Error to the district court of Saline county. Tried below before Pound, J., sitting in the absence of Weaver, J. cited Mowery v. Mast, 9 Neb., 448. Meridith v. Kennard, 1 Neb., 819. High v. Merchants Bank, 6 .Neb., 158. cited Armstrong v. Freeman, 9 Neb., 11. Graham v. Kibble, 9 Neb., 182.
1Opinion of the CourtCobb, J.
The defense chiefly relied upon by the plaintiff in error upon the trial in the district court was, that the note sued on had been materially altered after the same had been guaranteed by him and had passed out of his possession. Plaintiff in error was sworn as a witness on his own behalf at the trial. He testified in substance that the firm of J. M. Townsend & Co., of which firm he was the acting member, and of which Mr. Fowler was also a member, took the note in question. That in February, 1877, the firm was dissolved, and upon settlement he guaranteed and delivered the *617note to Mr. Eowler.…
2Cases cited1 opinion
- Brown v. StrawNebraska Supreme Court · 1877
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