McCormick Harvesting Machine Co. v. Knoll
Nebraska Supreme Court
Error from the district court of Buffalo county. Tried below before Whstoyer, J. References: McCormick v. Martin, 32 Neb. 723; Mondel v. Steel, 8 M. & W. [Eng.] 858; Thornton v. Wynn, 12 Wheat. [U. S.] 183; Lyowv. Bertram, 20 How. [U. S.] 149; Muller r.
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Error from the district court of Buffalo county. Tried below before Whstoyer, J. References: McCormick v. Martin, 32 Neb. 723; Mondel v. Steel, 8 M. & W. [Eng.] 858; Thornton v. Wynn, 12 Wheat. [U. S.] 183; Lyowv. Bertram, 20 How. [U. S.] 149; Muller r. Bno/li N. Y, 597; Voorhees v. Bari, 2 Hill [N. Y.] 288; Cary v. Gruman, 4 Hill [N. Y.] 625; Kaufman Milling Go. v. Stuckey, 16 S. E. Rep. [S. Car..] 192; Minneapolis Harvester Works v. Bonnallie, 13 N. W. Rep. [Minn.] 149; Knobkmch v. Kronschnabel, 18 Minn. 300; Mandel v. Buttles, 21 Minn. 396; Lynch v. Curfman, 68 N. W. Rep. [Minn.] 5;…
1Opinion of the Court
Harrison, O. J.
In this, an action on a promissory note which was executed' to evidence an indebtedness incurred in a contract of purchase by the maker of the note of a “harvester,” or what is ordinarily termed a “self-binder,” it was alleged in the answer that the machine was represented or warranted to be one which would satisfactorily perform the labors for which it was apparently designed, but had entirely failed and was as a machine worthless, and when such fact was discovered Avas by the party sued for its purchase price, “turned over” to the company, and held subject to its order and…
2Cases cited5 opinions
- Barnett v. StantonSupreme Court of Alabama · 1841
- Price v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
- Sycamore Marsh Harvester Co. v. GrundradNebraska Supreme Court · 1884
- Paulson v. D. M. Osborne & Co.Supreme Court of Minnesota · 1887
- C. J. Cooper & Co. v. HallNebraska Supreme Court · 1887
3Cited by3 opinions
- Sherrill v. CoadNebraska Supreme Court · 1912
- Fairbanks, Morse & Co. v. BurgertNebraska Supreme Court · 1908
- Baskerville v. JohnsonSouth Dakota Supreme Court · 1905