Legal Opinion

Holt County Bank v. Tootle, Livingston & Co.

Nebraska Supreme Court

Decided January 15, 1889PublishedCited by 1 opinion

Error to the district court for Holt county. Tried below before Tiffany, J. cited: Jones on Chattel Mortgages, Sec. 129. Smith ■v. Waggoner, 50 Wis., 155. Richardson v. Copeland, 6 •Gray, 536. Washburn Real Prop., Vbl. 1, 3. Ottumwa Woolen Mill Co. v. Hawley, 44 Iowa, 57. Adams v. Beadle, Wl Iowa, 439. Sowden v. Craig, 26 Iowa, 156. Richardson v. Copeland, 6 Gray, 536. Bostal v. McCad>don, 35 Iowa, 318. Teaff v. Hewitt, 1 O. St., 511. Jones •on Chattel Mortgages, Sec. 132.…

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Error to the district court for Holt county. Tried below before Tiffany, J. cited: Jones on Chattel Mortgages, Sec. 129. Smith ■v. Waggoner, 50 Wis., 155. Richardson v. Copeland, 6 •Gray, 536. Washburn Real Prop., Vbl. 1, 3. Ottumwa Woolen Mill Co. v. Hawley, 44 Iowa, 57. Adams v. Beadle, Wl Iowa, 439. Sowden v. Craig, 26 Iowa, 156. Richardson v. Copeland, 6 Gray, 536. Bostal v. McCad>don, 35 Iowa, 318. Teaff v. Hewitt, 1 O. St., 511. Jones •on Chattel Mortgages, Sec. 132. Wade on Notice, 2 Ed., •Sec. 273. ■cited: Jones on Chattel Mortgages, Sec. 129. Ford v. Cobb, 20 N. Y., 344. Myrick v.…

1Opinion of the CourtCobb, J.

This cause comes to this court on error from the district court of Holt county. The following résumé of the pleadings is taken chiefly from the brief of plaintiff:

On or about Nov. 14, 1883, one Bridget Gorman, or Mrs. J. E. Gorman, as she is also known, bought of John Fitzgerald a certain lot in the village of O’Neill, under a contract by the terms of which $25 was paid in cash, $50 was to be paid on July 14, and $50 on Nov. 14, 1884,. with the consideration, however, that if the said Bridget Gorman should fail in any of such payments the vendor-might elect to declare said contract void, and…

2Cited by1 opinion

  1. Bazelman Lumber Co. v. HintonNebraska Supreme Court · 1907

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