Holmes v. First National Bank
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Hall, J. The action was by the First National Bank of Lincoln to recover $3,400 and interest from Leonidas K. Holmes as indorser of a promissory note of that sum executed by J. G. Hutchins and C. H. Hutchins. The defense pleaded by Holmes is set forth in the opinion.
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Error from the district court of Lancaster county. Tried below before Hall, J. The action was by the First National Bank of Lincoln to recover $3,400 and interest from Leonidas K. Holmes as indorser of a promissory note of that sum executed by J. G. Hutchins and C. H. Hutchins. The defense pleaded by Holmes is set forth in the opinion. On the trial parol proof was given in defendant’s behalf, that at the time of making the indorsement defendant assigned to the bank a mechanic’s lien against real estate owned by the makers as a security for payment of the note, and that the officers of the…
1Opinion of the CourtMaxwell, C. J.
On the 22d day of January, 1890, J. G. Hutchins and C. H. Hutchins made and delivered to the plaintiff Holmes a promissory note for the sum of $3,400, due in ninety days from date, with ten per cent interest. Afterwards, but at what time does not clearly appear, Holmes indorsed said note in blank and waived demand and notice, and delivered the note to the defendant, and this action is upon the indorsement. Holmes in his answer alleges:
1. That the note was given by the makers for building material furnished by him for the erection of certain buildings in the city of Lincoln, on which he had…
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