Gregory v. Hartley
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Pound, J. The facts appear in the opinion. Pratt, the assignor of Hartley, defendant in error; could have had no interest in the payment of the Cullen mortgage, or been damnified by its non-payment, unless he had asswmed and agreed to pay it himself when the premises wére conveyed to him, and had actually done so.
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Error from the district court of Lancaster county. Tried below before Pound, J. The facts appear in the opinion. Pratt, the assignor of Hartley, defendant in error; could have had no interest in the payment of the Cullen mortgage, or been damnified by its non-payment, unless he had asswmed and agreed to pay it himself when the premises wére conveyed to him, and had actually done so. This would have placed Pratt in relation of surety to the Gregorys, who would have stood as principals. N o such facts were alleged or proved.. Lathrop v. Atwood, 21 Conn., 117. Wilson v. Stilwell, 9 Ohio State,…
1Opinion of the CourtMaxwell, J.
On the first day of January, 1874, the plaintiffs in error purchased of one Silas Pratt lot ten, in block thirty-six, in the city of Lincoln, the deed being made to E. Mary Gregory, the wife of John S. Gregory. The consideration stated in the deed was $1,200, to secure the payment of which the plaintiffs in error assigned to said Pratt a note for the sum of $1,100, secured by a mortgage on real estate, said note being due and payable November 20,1876, and drawing interest at the rate of seven per cent., payable semi-annually. To secure the payment of this note and mortgage the plaintiffs…
2Cases cited6 opinions
- Churchill v. HuntNew York Supreme Court · 1846
- In re NegusNew York Supreme Court · 1832
- Lathrop v. AtwoodSupreme Court of Connecticut · 1851
- Webb v. HoseltonNebraska Supreme Court · 1876
- Davis v. First National BankNebraska Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Havemeyer v. PaulNebraska Supreme Court · 1895
- Stichter v. CoxNebraska Supreme Court · 1897
- Tyler v. WinderNebraska Supreme Court · 1911
- Finzer v. PeterNebraska Supreme Court · 1930
- Jones v. BurtisNebraska Supreme Court · 1899
9 more not listed; retrieve them via the Exa API.