Mullen v. Morris
Nebraska Supreme Court
Error from the district court of Richardson county-Tried below before Bush, J. The facts are stated in the opinion. The demurrer to the petition should have been sustained-(Cutler v. Roberts, 7 Neb., 4; Sharp v. United States, 4 Watts [Pa.], 21; Fletcher v. Austin, 34 Am. Dec. [Yt.],. 698; 1 Wait, Actions & Defenses, 677.) The obligors are in the attitude of sureties with all rights-of the latter. (Cady v. Smith, 12 Neb., 630; Patterson v„ Wyomissing Mfg. Co., 40 Pa.
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Error from the district court of Richardson county-Tried below before Bush, J. The facts are stated in the opinion. The demurrer to the petition should have been sustained-(Cutler v. Roberts, 7 Neb., 4; Sharp v. United States, 4 Watts [Pa.], 21; Fletcher v. Austin, 34 Am. Dec. [Yt.],. 698; 1 Wait, Actions & Defenses, 677.) The obligors are in the attitude of sureties with all rights-of the latter. (Cady v. Smith, 12 Neb., 630; Patterson v„ Wyomissing Mfg. Co., 40 Pa. St., 117; Hanson v. DonJcersley, 37 Mich., 184; Drinhwine v. City of Eau Clare,, 53 N. W. Rep. [Wis.], 673; Brandt, Sureties,…
1Opinion of the CourtNor val, C. J.
The Farmers & Merchants Bank of Humboldt was incorporated under the laws of this state in July, 1879, and thereafter was engaged in the business of banking at Humboldt until in June or July, 1889, when the bank closed and made an assignment for the benefit of its creditors. Creighton Morris was appointed assignee, who qualified as such. Negotiations were soon thereafter had between the officers and stockholders of the bank and the creditors for the purpose of effecting a settlement or compromise of the claims of the creditors. A proposition was finally made to the creditors to pay them 90…
2Cases cited30 opinions
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- State ex rel. McCarty v. PepperIndiana Supreme Court · 1869
- The People v. . BostwickNew York Court of Appeals · 1865
- Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
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