Farmers & Merchants Bank v. Dunbier
Nebraska Supreme Court
Error to the district court for Polk county. Tried below before Smith, J. Powers v. Clarke, 26 N. Y. Sup., 448; Newton Wagon Co. v. Diers, 10 Neb., 292; Murphy v. Merry, 8 Blackf. [Ind.], 295; Smith v. Stevens, 3 Ind., 332 ; Johnson v. Morris, 21 Ga., 238; Bumford, v. Purcell, 4 Greene [la.], 488; Helm v. Logan, 4 Bibb [Ky.], 78. Sturges v. Bank, 75 111., 595; Pierce v. Kittredge, 115 Mass., 374; Pope v. Bank, 59 Barb. [N. Y.], 226; 2 Parsons, Cont. [7th Ed.], 9; Brandt,…
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Error to the district court for Polk county. Tried below before Smith, J. Powers v. Clarke, 26 N. Y. Sup., 448; Newton Wagon Co. v. Diers, 10 Neb., 292; Murphy v. Merry, 8 Blackf. [Ind.], 295; Smith v. Stevens, 3 Ind., 332 ; Johnson v. Morris, 21 Ga., 238; Bumford, v. Purcell, 4 Greene [la.], 488; Helm v. Logan, 4 Bibb [Ky.], 78. Sturges v. Bank, 75 111., 595; Pierce v. Kittredge, 115 Mass., 374; Pope v. Bank, 59 Barb. [N. Y.], 226; 2 Parsons, Cont. [7th Ed.], 9; Brandt, Suretyship, 63-5.
1Opinion of the CourtNorval, J.
This suit was brought by Peter Dunbier against the plaintiff in error upon a check drawn by J. B. Neff upon the Farmers and Merchants Bank of Shelby, in favor of Peter Dunbier, which it is alleged was accepted by the bank. Verdict and judgment for the plaintiff below in the sum of $352.25.
The bank denies that it ever accepted the check. The case turns upon the question whether the evidence establishes a valid acceptance of the check by the bank.
It appears from the record that on the 2d day of April, 1889, Peter Dunbier contracted some cattle to J. B. Neff, who tendered in payment of the…
2Cases cited2 opinions
- Mason v. DousayIllinois Supreme Court · 1864
- Jarvis v. WilsonSupreme Court of Connecticut · 1878