Legal Opinion

Cutler v. Roberts

Nebraska Supreme Court

Decided January 15, 1878PublishedCited by 29 opinions

Error to the district court for Cass county. Tried below, before Pound, J. The facts appear in the opinion. Where a person signs his name in blank as surety to a bond, and hands it to his principal to have completed and signed by others and handed over to the proper authority, he makes that person his agent for the whole business, and is estopped and bound by his action, without regard to any secret instructions as to any conditions on which it should be completed and…

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Error to the district court for Cass county. Tried below, before Pound, J. The facts appear in the opinion. Where a person signs his name in blank as surety to a bond, and hands it to his principal to have completed and signed by others and handed over to the proper authority, he makes that person his agent for the whole business, and is estopped and bound by his action, without regard to any secret instructions as to any conditions on which it should be completed and filled. McCormick v. Bay City, 23 Mich., 457. Smith v. Peoria, 59 111., 412. The State v. Garton, 32 Ind., 1. Wright v.…

1Opinion of the CourtMaxwell, J.

On the eighteenth day of May, 1875, Howard May-field and Daniel Mayfield commenced an action in the probate court of Oass county against John Rouse, on a promissory note, to recover the sum of $250 with interest at twelve per cent from the eighth day of November, 1867. The note upon which the suit was *8brought was payable to Howard Mayfield and Daniel Mayfield. On the eighth day of June, 1875, judgment was rendered on said note against 'said Rouse, for the sum of $293.81 and costs. Afterwards, and before the eighteenth day of June, 1875, Rouse presented a stay bond to J. J. Roberts, and…

2Cases cited11 opinions

  1. Dair v. United StatesSupreme Court of the United States · 1873
  2. State ex rel. McCarty v. PepperIndiana Supreme Court · 1869
  3. The People v. . BostwickNew York Court of Appeals · 1865
  4. Abner L. Duncan's Heirs & Representatives v. United StatesSupreme Court of the United States · 1833
  5. Cropsey v. WiggenhornNebraska Supreme Court · 1873

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3Cited by29 opinions

  1. Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
  2. County of King v. FerryWashington Supreme Court · 1893
  3. Nowell v. Mayor of MonroeSupreme Court of Georgia · 1933
  4. Baker County v. HuntingtonOregon Supreme Court · 1905
  5. Holt County v. ScottNebraska Supreme Court · 1897

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