Legal Opinion

Mayberry v. Willoughby

Nebraska Supreme Court

Decided January 15, 1877PublishedCited by 19 opinions

Error from the district court of Johnson county. Tried below before Weaver, J. C. N. Mayberry, cited Cooley Con. Lim., 364. Bell v. Morrison, 1 Peters, 362. Yandes v. Le Favour, 2 Blackf., 371. Sage v. Ensign, 2 Allen, 245. Kelley v. Sanborn, 9 N. H., 47. Walden v. Sherburne, 15 Johns., 409. Lang v. Kennedy, 20 Wis., 279. Lumberman’s Bank v. Pratt, 51 Me., 563. cited Palmer v. Dodge, 4 Ohio State, 29. Feigley v. Whittaker, 22 Id., 614. Gow on Partnership, 212. Bobbins v.…

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Error from the district court of Johnson county. Tried below before Weaver, J. C. N. Mayberry, cited Cooley Con. Lim., 364. Bell v. Morrison, 1 Peters, 362. Yandes v. Le Favour, 2 Blackf., 371. Sage v. Ensign, 2 Allen, 245. Kelley v. Sanborn, 9 N. H., 47. Walden v. Sherburne, 15 Johns., 409. Lang v. Kennedy, 20 Wis., 279. Lumberman’s Bank v. Pratt, 51 Me., 563. cited Palmer v. Dodge, 4 Ohio State, 29. Feigley v. Whittaker, 22 Id., 614. Gow on Partnership, 212. Bobbins v. Fuller, 24 N. Y., 574. Burrv. Williams, 20 Ark., 189. Bissell v. Adams, 35 Conn., 299. Zent’s Executors v. Heart, 8 Penn.…

1Opinion of the CourtGantt, J.

In the court below, service of summons was had on C. N. Mayberry only; he pleaded the statute of limitations, and he now brings the case into this court as plaintiff in error.

It appears from the facts admitted, that the plaintiff in error and J. C. Mayberry were, formerly, partners, doing business in the state of Illinois, under the firm name of J. 0. & C. N. Mayberry; that on the 14th day of January, 1864, the note, on which this action was brought, was executed by the firm and delivered to the defendant in error; that on the 29th day of March, 1864, the partnership was wholly dissolved, and…

2Cases cited8 opinions

  1. McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
  2. Townsend v. JemisonSupreme Court of the United States · 1850
  3. Dean v. HewitNew York Supreme Court · 1830
  4. Fullerton v. President of the Bank of the United StatesSupreme Court of the United States · 1828
  5. Thompson v. PeterSupreme Court of the United States · 1827

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3Cited by19 opinions

  1. Kallenbach v. DickinsonIllinois Supreme Court · 1881
  2. Stubblefield v. McAuliffWashington Supreme Court · 1898
  3. Apuzzo v. HoerSupreme Court of Connecticut · 1939
  4. Broadway Bank & Trust Co. v. LongleySupreme Court of Connecticut · 1933
  5. Department of Banking v. McMullenNebraska Supreme Court · 1938

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