Phenix Insurance v. Bachelder

This case was under consideration at the January, 1891, term and a reversal of the judgment of the district court ordered for reasons stated in the opinion, which is reported in 32 Neb., at page 490, and to which reference is made for a statement of the material facts.

A rehearing was subsequently allowed on the application of the defendant in error, and the cause again submitted on its merits. . The defendant in error on this hearing practically relies upon one proposition, viz.: That by.virtue of an agreement with the insurance company he was entitled to a credit on his note for the value of…