Converse v. Meyer
Nebraska Supreme Court
This was an action brought in the district court for Lancaster county, by Meyer against Converse, Montcrief, and Houck, on an account for goods sold and delivered,, the petition alleging that said defendants were partners doing business under the firm name of A. W. Houck & Co. On trial before Pound, J., and a jury, verdict and judgment in favor of Meyer against Converse and Houck and in favor of Montcrief.
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This was an action brought in the district court for Lancaster county, by Meyer against Converse, Montcrief, and Houck, on an account for goods sold and delivered,, the petition alleging that said defendants were partners doing business under the firm name of A. W. Houck & Co. On trial before Pound, J., and a jury, verdict and judgment in favor of Meyer against Converse and Houck and in favor of Montcrief. Converse brought the case up oh a petition in error.' cited: Southwark v. Knight, 6 Wharton, 327. cited: Galhoum, v. Hays, 8 Watts & S., 127. Stevenson v. Anderson, 12 Neb., 83.
1Opinion of the Court
Lake, Ch. J.
It is possible that the amount of the recovery was slightly in excess of the amount really due upon the account; but we are unable to say that the jury were clearly mistaken in this particular. So, too, upon the question of the liability of the plaintiff at all. We might possibly differ with the jury as to the weight of the evidence, but there is no such preponderance against their finding as would justify us in setting the verdict aside. It is not enough that we would have found differently upon the evidence; there must be no reasonable doubt of its insufficiency to support the…
2Cases cited1 opinion
- Calhoun v. HaysSupreme Court of Pennsylvania · 1844
3Cited by18 opinions
- State v. HillNebraska Supreme Court · 1896
- McDonald v. SmithMichigan Supreme Court · 1905
- Walkley v. ClarkeSupreme Court of Iowa · 1899
- Ferguson v. StateNebraska Supreme Court · 1897
- Debney v. StateNebraska Supreme Court · 1895
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