Smith v. Columbus State Bank
Nebraska Supreme Court
Error to the district court of Platte county. Tried below before Post, J. The action was brought by the Columbus State Bank on a promissory note for $1000 against Smith, the maker, which was indorsed by Johnson, payee, and delivered to said Bank before maturity.
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Error to the district court of Platte county. Tried below before Post, J. The action was brought by the Columbus State Bank on a promissory note for $1000 against Smith, the maker, which was indorsed by Johnson, payee, and delivered to said Bank before maturity. The note was dated March 8, 1877j and by its terms became due and payable January 23, 1879. To the second count of Smith’s answer the Bank demurred, and the court sustaining the demurrer, trial was had on the issue joined, and judgment rendered against Smith, to reverse which he brought the cause to this court upon a petition in…
1Opinion of the CourtCobb, J.
The only question presented for the consideration of this court in this case is, did the district court err in sustaining the demurrer of the defendant in error to the second count or ground of defense stated in the answer of the plaintiff in error? The petition is in the usual form, setting out a copy of the note, averring that Edward Johnson (the payee) “indorsed and delivered said note to the plaintiff before maturity thereof for value in due course of trade,” &c. The count or defense demurred to is as follows: “And for second and further defense, this answering defendant says, that at the…
2Cases cited2 opinions
- Vallett v. ParkerNew York Supreme Court · 1831
- Kittle v. DeLamaterNebraska Supreme Court · 1874
3Cited by7 opinions
- Washer v. SmyerTexas Supreme Court · 1919
- New v. WalkerIndiana Supreme Court · 1886
- Union Trust Co. v. Preston National BankMichigan Supreme Court · 1904
- Board of Trade v. HaydenWashington Supreme Court · 1892
- Commercial National Bank v. JordanSupreme Court of Florida · 1916
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