Peaks v. Lord
Nebraska Supreme Court
Error from the district court of Madison county. Tried below before Sullivan, J. The opinion contains a statement of the case.
Read the full summary
Error from the district court of Madison county. Tried below before Sullivan, J. The opinion contains a statement of the case. Every allegation of new matter in answer not denied by the reply, for the purpose of the action, must be taken as true. {Hamilton Loan & Trust Co. v. Cordon, 32 Neb., 663; Dillon v. Russell, 5 Neb., 484 ; Steele v. Russell, 5 Neb., 215; Williams v. Evans, 6 Neb., 216; Payne v. Briggs, 8 Neb., 75.) The court erred in admitting testimony as to conversation, statement, or agreement by the parties prior to the signing of the written agreement of dissolution of the…
1Opinion of the CourtHarrison, J.
Ambrose M. Lord instituted suit in the district court of Madison county against George F. Peaks, alleging in his petition that on or about February 15, 1885, the parties to the action formed a copartnership for the purpose of *17doing a retail lumber business under the firm name of Peaks & Lord, which business relation was continued until October 25, 1889, at which time it was dissolved by mutual consent; that at the time of the dissolution of the partnership the firm was indebted to various persons and firms, and among them to one Jacob Spies, in the sum of $212.48, for lumber purchased of him,…
2Cited by7 opinions
- Traill v. OstermeierNebraska Supreme Court · 1941
- Gruenther v. Bank of MonkoeNebraska Supreme Court · 1911
- Young v. KinneyNebraska Supreme Court · 1909
- Kamrath v. HodgesNebraska Supreme Court · 1925
- Blodgett v. McMurtryNebraska Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.