Campbell v. Baxter
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Iryine, J. The opinion contains a statement of the case. The compromise, settlement, and dismissal of the suit of Campbell & Hervey against Baxter was a sufficient consideration for the payment of the money and the making of the note in controversy.
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Error from the district court of Douglas county. Tried below before Iryine, J. The opinion contains a statement of the case. The compromise, settlement, and dismissal of the suit of Campbell & Hervey against Baxter was a sufficient consideration for the payment of the money and the making of the note in controversy. The compromise and settlement of an asserted claim involved in legal controversy, be it never so doubtful, constitute a sufficient consideration for any obligation given by one party to the other in consideration of such settlement. {Weed v. Terry, 2 Doug. [Mich.], 344; Parker v.…
1Opinion of the Court
Ragan, C.
George Baxter sued Samuel S. Campbell and George W. Hervey, copartners, in the district court of Douglas county to recover back from them the sum of $250 which he had paid them. Baxter had judgment and Campbell & Hervey bring the case here for review.
*733The theory on which Baxter predicates his right to recover back the money paid, as disclosed by his petition and evidence, is that in 1888 he owned a cattle ranch and some cattle in Kansas and in the spring or summer of this year employed Campbell & Hervey, who were real estate agents in the city of Omaha, to effect a sale of his cattle…
2Cases cited9 opinions
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Scribner v. CollarMichigan Supreme Court · 1879
- Walker v. OsgoodMassachusetts Supreme Judicial Court · 1867
- Atlee v. FinkSupreme Court of Missouri · 1881
- Bollman v. LoomisSupreme Court of Connecticut · 1874
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3Cited by9 opinions
- Hogle v. MeyeringMichigan Supreme Court · 1910
- Plotner v. Chillson & ChillsonSupreme Court of Oklahoma · 1908
- Daubman v. CBS Real Estate Co.Nebraska Supreme Court · 1998
- Strawbridge v. SwanNebraska Supreme Court · 1895
- Peaden v. MarlerSupreme Court of Oklahoma · 1920
4 more not listed; retrieve them via the Exa API.