Barnes v. Van Keuren
Nebraska Supreme Court
Error to the district court for Dixon county. Tried below before Powers, J. cited, contending that the petition should have been made more definite and certain by attaching copies of the notes: Code, sec. 124; Dorrington v. Meyer, 8 Neb., 214; By an v. State Bank, 10 Id., 527. That the signatures of co-makers, after the delivery of the note, require a new consideration : 2 Randolph, Com.
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Error to the district court for Dixon county. Tried below before Powers, J. cited, contending that the petition should have been made more definite and certain by attaching copies of the notes: Code, sec. 124; Dorrington v. Meyer, 8 Neb., 214; By an v. State Bank, 10 Id., 527. That the signatures of co-makers, after the delivery of the note, require a new consideration : 2 Randolph, Com. Paper, sec. 446; Green v.Shepherd, 5 Allen [Mass.], 589; Clopton v. Mall, 51 Miss., 482; Briggs v. Downing, 48 la., 550. after distinguishing the case at bar from Briggs v. Downing, supra, cited, as to the…
1Opinion of the CourtNor val, J.
This action was brought in the district court of Dixon county by Yan Keuren & Floyd on three promissory notes, signed by W. T. Chapman, A. E. Barnes, A. Reynolds, and J. B. Barnes. Judgment was rendered for the plaintiff, and all but Chapman prosecute a petition in error.
Two questions are presented for our consideration: First — Did the court err in overruling the motion of defendants to require the plaintiff to attach copies of the notes to the petition? Second — Did the court err in sustaining the demurrer to the answer?
The petition contains three counts, each based upon different…
2Cases cited7 opinions
- Miller v. FinleyMichigan Supreme Court · 1872
- Mersman v. WergesSupreme Court of the United States · 1884
- Dickerman v. MinerSupreme Court of Iowa · 1876
- McCaughey v. . SmithNew York Court of Appeals · 1863
- Kansas Manufacturing Co. v. GandyNebraska Supreme Court · 1881
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3Cited by10 opinions
- Bank of Carrollton, Miss. v. LattingSupreme Court of Oklahoma · 1913
- Zweibel v. CaldwellNebraska Supreme Court · 1904
- First Nat. Bank v. WeidenbeckCourt of Appeals for the Eighth Circuit · 1899
- Kiefer v. TolbertSupreme Court of Minnesota · 1915
- Royse v. State National BankNebraska Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.