Davis v. Neligh
Nebraska Supreme Court
Error to tbe district court for Dodge county. Tried below before Valentine, J. The facts appear in the opinion. Where set-off is allowed against a plaintiff, the indorsee of a note after maturity, for equities between antecedent parties, no set-off which arose after the .transfer will be available against the indorsee. 2 Daniel on Negotiable Instr., sec. 1,437. Davis v. Miller, 14 Gratt., 8. And the burden of proof of the date of the indorsement and of ownership is on the…
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Error to tbe district court for Dodge county. Tried below before Valentine, J. The facts appear in the opinion. Where set-off is allowed against a plaintiff, the indorsee of a note after maturity, for equities between antecedent parties, no set-off which arose after the .transfer will be available against the indorsee. 2 Daniel on Negotiable Instr., sec. 1,437. Davis v. Miller, 14 Gratt., 8. And the burden of proof of the date of the indorsement and of ownership is on the defendant. 2 Harrison, N. P. 1,235. 1 Greenlf. Ev., 78. Perkins v. Moon, 7 C. & P., 408. 1 Daniel on Neg. Instr., 600,…
1Opinion of the CourtMaxwell, J.
This was an action brought in the district court of Cuming county, upon a promissory note, of which the following is a copy:
“ $505.00. Banking House of Bruner, Neligh & Kipp,
“West Point, Neb., Nov. 7th, 1872.
“ Two months after date, I promise to pay to Leonard Kryger, or order, five hundred and five dollars, for value received, negotiable and payable without defalcation or discount, at the banking house of Bruner, Neligh, and Kipp, at West Point, Nebraska, with interest at the rate of 12 per cent per annum from date.
“(Signed) John D. Neligh.”
*81The note contained the following indorsements…
2Cases cited11 opinions
- Haxton v. BishopNew York Supreme Court · 1829
- Barnes v. PerineNew York Supreme Court · 1850
- Gullett v. Hoy & OrtonSupreme Court of Missouri · 1852
- Renwick v. WilliamsCourt of Appeals of Maryland · 1852
- Kennedy v. ManshipSupreme Court of Alabama · 1840
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3Cited by17 opinions
- State Ex Rel. Beck v. Associates Discount Corp.Nebraska Supreme Court · 1959
- Ohio Savings Bank & Trust Co. v. Willys CorporationCourt of Appeals for the Second Circuit · 1925
- Dickson v. StewartNebraska Supreme Court · 1904
- Hall v. First National BankNebraska Supreme Court · 1890
- Wood v. Commonwealth Trailer Sales, Inc.Nebraska Supreme Court · 1961
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