Legal Opinion

International Harvester Co. v. Schultz

Nebraska Supreme Court

Decided November 16, 1918No. 20142PublishedCited by 6 opinions

Appeal from the district court for Adams county: Harry S. Dungan, Judge.

1Opinion of the CourtDean, J.

This is a suit to recover on a guaranty of payment of 44 negotiable promissory notes. The makers were not made parties defendant. A jury was waived. Plaintiff recovered judgment for $1,927.39 and costs. Defendant appealed.

Defendant purchased farm machinery from plaintiff and sold it to his customers, taking the notes sued on in payment. Some were payable to defendant’s order and some to plaintiff’s order. All of the notes were delivered to plaintiff before maturity. The makers defaulted at maturity and defendant refused payment. The guaranty that was written on the notes appears in the…

2Cases cited2 opinions

  1. W. S. Bloom & Co. v. Warder, Mitchell & Co.Nebraska Supreme Court · 1882
  2. Branson v. BransonNebraska Supreme Court · 1909

3Cited by6 opinions

  1. Jones v. Great Northern Railway Co.Montana Supreme Court · 1923
  2. Nogg Bros. Paper Co. v. BickelsNebraska Supreme Court · 1989
  3. Donahoe v. HerrickIdaho Supreme Court · 1927
  4. First National Bank v. Benedict Consolidated Industries, Inc.Nebraska Supreme Court · 1987
  5. Bain v. KingNebraska Supreme Court · 1935

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