Smith v. Jansen
Nebraska Supreme Court
Appeal from Johnson, county. Tried below before Weaver, J. The facts appear in the opinion. 1. The district court erred in dismissing the case.. Wortenclyke v. Meehan, 9 Neb,, 221. Savings Bank v, Scott, 10 Neb., 83. 2. Possession of a negotiable instrument is prima facie evidence that the holder is the proper owner and lawful possessor of the same, and the burden of proof is on the opposite party to show the contrary.
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Appeal from Johnson, county. Tried below before Weaver, J. The facts appear in the opinion. 1. The district court erred in dismissing the case.. Wortenclyke v. Meehan, 9 Neb,, 221. Savings Bank v, Scott, 10 Neb., 83. 2. Possession of a negotiable instrument is prima facie evidence that the holder is the proper owner and lawful possessor of the same, and the burden of proof is on the opposite party to show the contrary. Collins v. Gilbert, 4 Otto, 753. Brown v. Spofford, 5 Otto, 474. cited 3 Kent’s Com., 80. Edwards on Promissory Notes, 372. Smith v. Strong, 2 Hill, 246. Chitty on Bills, 278.…
1Opinion of the Court
Maxwell, Ch., J.
In January, 1876, the defendants applied to one B. E. Perkins, agent of P. D. Cheney and others, for a loan of $200.00. A loan for the above amount was obtained on five years time, the interest thereon to be 20 per cent, per annum, the defendants paying Perkins $150 out of the $200.00 for his services in effecting the loan. Eleven notes, one for $200.00, and ten for $20.00 each appear to have been taken, but the note for $200.00 and five of the interest notes appear, to have been paid, at least are not directly involved in this case. Five of the interest notes amounting to…
2Cases cited2 opinions
- Gould v. StevensSupreme Court of Vermont · 1870
- Goldsmid v. Lewis County BankNew York Supreme Court · 1852
3Cited by3 opinions
- Martin v. ShearsNebraska Supreme Court · 1907
- Linch v. ThorpeNebraska Supreme Court · 1941
- Peirson v. McNealMichigan Supreme Court · 1904