Merchants' Bank v. Rudolf
Nebraska Supreme Court
This was an action upon a joint and several negotiable promissory note, signed by Lewis & Marsh and defendants in error, in their firm names, dated Lincoln, Nebraska, September 8th, 1873, for payment to order of plaintiffs of $5,500.00, at Union National Bank, Chicago, Illinois, in thirty-five days after date, with interest at twelve per centum after due. Lewis, of the firm of Lewis & Marsh, was of plaintiff’s board of directors.
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This was an action upon a joint and several negotiable promissory note, signed by Lewis & Marsh and defendants in error, in their firm names, dated Lincoln, Nebraska, September 8th, 1873, for payment to order of plaintiffs of $5,500.00, at Union National Bank, Chicago, Illinois, in thirty-five days after date, with interest at twelve per centum after due. Lewis, of the firm of Lewis & Marsh, was of plaintiff’s board of directors. Rudolf, of Rudolf & Co, was of plaintiff’s board of directors;' was its vice president, and one of its committee on discount and exchange. One George P. Eaton was…
1Opinion of the Court
Lake, Cii. J.
It is very clear that this judgment is erroneous and should be reversed. According to the most favorable view that could possibly be taken of the case, for the defendants, as made by the pleadings and evidence, the jury should have returned a verdict against the defendants in error for at least the sum of seven hundred dollars.
*536It was not alleged, nor was there any evidence to show, that any payment had been made upon the note; and the jury, as to Lewis & Marsh, the principals, found there was not. If the note as to Lewis & Marsh had not been paid either in whole or in part, the…
2Cases cited3 opinions
- Bank of United States v. DunnSupreme Court of the United States · 1832
- Lyman v. President of the Bank of the United StatesSupreme Court of the United States · 1852
- Claflin v. Farmers & Citizens' BankNew York Supreme Court · 1861
3Cited by28 opinions
- Hall v. HendersonSupreme Court of Alabama · 1899
- First National Bank v. DrakeSupreme Court of Kansas · 1883
- German Savings Bank v. WulfekuhlerSupreme Court of Kansas · 1877
- McCarty v. KepretaNorth Dakota Supreme Court · 1913
- First Trust Co. v. Airedale Ranch & Cattle Co.Nebraska Supreme Court · 1939
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