Edmisten v. Henry Herpolsheimer Co.
Nebraska Supreme Court
Error from tbe district court for Lancaster county. ’Action by drawees against maker, upon a check drawn and never presented. Tbe facts appear in tbe opinion. Tried below before Holmes, J. Judgment for plaintiffs below. Sedgwick, J., dissenting.
1Opinion of the Court
Albert, C.
On Friday, May 28, 1897, J. H. Edmisten executed and delivered to Henry Herpolsbeimer and another, doing business under tbe name of H. Herpolsbeimer Company, bis check, drawn on tbe Merchants’ Bank of Lincoln, for $200.62, in payment of an account, at their place of business in said city. On tbe following day the defendants in error deposited tbe check, with others, in tbe American Exchange National Bank, with which they transacted their banking business. Tbe Merchants’ Bank was open for tbe transaction of business at tbe date of tbe delivery of tbe check and the day following. Tbe…
2Cases cited2 opinions
- Anderson v. RodgersSupreme Court of Kansas · 1894
- Murphy v. LevyAppellate Terms of the Supreme Court of New York · 1898
3Cited by3 opinions
- Bistline v. BentingIdaho Supreme Court · 1924
- Keenan v. McClureNebraska Supreme Court · 1933
- Maryland Title Guarantee Co. v. AlterCourt of Appeals of Maryland · 1934