McAllister v. Pitts
Nebraska Supreme Court
Appeal from the district court of Hall county. Heard below before Thompson, J. References: Humev. Peploe, 8 East [Eng.] 168;-Walker v. Barnes, 5 Taunt. [Eng.] 240; City Bank v. Cutter, 3 Pick. [Mass.] 414; McCreary v. Newberry, 25 111. 496; Reuben v. Doted, 46 Fed.
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Appeal from the district court of Hall county. Heard below before Thompson, J. References: Humev. Peploe, 8 East [Eng.] 168;-Walker v. Barnes, 5 Taunt. [Eng.] 240; City Bank v. Cutter, 3 Pick. [Mass.] 414; McCreary v. Newberry, 25 111. 496; Reuben v. Doted, 46 Fed. Rep. 800; Tompkins v. Batie, 11 Neb. 147; Wells v. Davis, 2 Utab 411; Myers v. Malcom, 20 111. 621; Whatley v. Tricker, 1 Camp. [Eng.] 35; Hanchet v. Birge, 12 Met. [Mass.] 545. References: Harris v. Brooks, .21 Pick. [Mass.] 195; Wolf v. Madden, 47 N. W. Rep. [Ia.] 981; Rowley v. Jewett, . 9 N. W. Rep. [Ia.] 353; While v. Walker,…
1Opinion of the CourtNoryal, J.
This is an appeal by tlm plaintiff from the denial of his application for a judgment against one Lizzie Fonner for the amount of deficiency remaining unpaid the plaintiff after the sale of mortgaged premises under a decree of foreclosure. The undisputed facts may be briefly *425summarized thus: On January 4, 1890, Charles D. Pitts gave his promissory note in the sum of $1,000, payable to the order of James Fonner, on or before four year’s after its date, with interest at the rate of ten per cent per annum, which note was secured by a mortgage on certain real estate situate in the city of Grand…
2Cases cited3 opinions
- White v. WalkerIllinois Supreme Court · 1863
- Rowley v. JewettSupreme Court of Iowa · 1881
- Estate of Pyle v. PyleSupreme Court of Iowa · 1891
3Cited by2 opinions
- Lease Northwest, Inc. v. DavisNebraska Supreme Court · 1987
- Antonelli Construction Co. v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1968