Walsh v. Peterson
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Hall, J. argued that the law declared that a check drawn- upon a bank must be presented within a reasonable time, at the end of which time the risk terminated as to the drawer, and became the risk of the holder.
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Error from the district court of Lancaster county. Tried below before Hall, J. argued that the law declared that a check drawn- upon a bank must be presented within a reasonable time, at the end of which time the risk terminated as to the drawer, and became the risk of the holder. If the holder, after such reasonable time, permitted the deposit to remain in the bank, and the bank failed, the loss must fall upon the holder, citing: Daniel, Negotiable Instruments, sec. 1590; Taylor v. Sip, 30 N. J. Law, 284; Farwellv. Curtis, 7 Biss. [U. S.], 160; Story, Promissory Notes [7th ed.], sec. 493;…
1Opinion of the CourtSullivan, J.
This action was brought in the district court of Lancaster county by Georgia Peterson to recover of Homan J. Walsh on a lost note. From a verdict and judgment in favor of plaintiff, defendant prosecutes error.
In 1876 Libbie Peterson loaned Walsh $6,000, the loan being evidenced by promissory notes which were renewed from time to time. The money involved in the transaction was owned in part by the plaintiff and Mrs. Agnes Folsom. The three women were sisters and lived together in Council Bluffs, Iowa. In May, Í888, the sisters decided to sever their relations as lenders, and the defendant…
2Cases cited15 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
- Home Benefit Assn. v. SargentSupreme Court of the United States · 1892
- Bradstreet Co. v. GillTexas Supreme Court · 1888
- Black v. Wabash, St. Louis & Pacific Railway Co.Illinois Supreme Court · 1884
- Wilson v. CampbellMichigan Supreme Court · 1896
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3Cited by9 opinions
- Gibbons v. TerritoryCourt of Criminal Appeals of Oklahoma · 1911
- Cunningham v. McDonaldTexas Supreme Court · 1904
- Valentine v. StateCourt of Criminal Appeals of Oklahoma · 1919
- Davis v. PolakNebraska Supreme Court · 1934
- Conroy v. GarriesNebraska Supreme Court · 1934
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