W. S. Bloom & Co. v. Warder, Mitchell & Co.
Nebraska Supreme Court
Error to the district court for Nuckolls county. Tried below before Weaver, J. claimed that evidence showed that on a day mentioned the parties had made a complete and final settlement of all accounts, indorsements, &c., including liability of plaintiffs in error as indorsers of notes sued on ; hence one who accepts with knowledge of all the facts the avails of a compromise made on his behalf, even without authority, thereby ratifies the settlement; and ratification in that…
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Error to the district court for Nuckolls county. Tried below before Weaver, J. claimed that evidence showed that on a day mentioned the parties had made a complete and final settlement of all accounts, indorsements, &c., including liability of plaintiffs in error as indorsers of notes sued on ; hence one who accepts with knowledge of all the facts the avails of a compromise made on his behalf, even without authority, thereby ratifies the settlement; and ratification in that manner of a part of the unauthorized transaction is a ratification of the whole. Winpenny v. French, 18 Ohio State, 469.…
1Opinion of the CourtCobb, J.
There are but two questions presented by the record in this case: 1. Is the defendant below still bound by his guaranty of the payment of the notes ? 2. Are the findings and judgment of the district court sustained by the evidence ? Answering the second question first, there is a clear conflict between the testimony of the plaintiff in error on his own behalf, and his witness, Adams, on the one part, and the several witnesses whose depositions were read on the other part. There is some evidence in support of the plaintiff’s theory of the case as to each material point; and indeed, taking into…
2Cited by10 opinions
- Home Savings Bank v. ShallenbergerNebraska Supreme Court · 1914
- Delsman v. FriedlanderOregon Supreme Court · 1901
- Nogg Bros. Paper Co. v. BickelsNebraska Supreme Court · 1989
- Huff v. SlifeNebraska Supreme Court · 1889
- Masters v. BoyesSupreme Court of Oklahoma · 1914
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