Kirkwood v. First National Bank
Nebraska Supreme Court
Error from the district court for Adams county. Tried below before Gaslin, J. The opinion contains a statement of the .case. Courts of. law cannot compel indemnity. (Randolph' Commercial. Paper, sec. 1697; Mowery v. Mastr 14: Nebí, 512; Pierson v. Hutchinson, 2 Camp. [Eng.], 211; Ex parte Greenway, 6 Yes.
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Error from the district court for Adams county. Tried below before Gaslin, J. The opinion contains a statement of the .case. Courts of. law cannot compel indemnity. (Randolph' Commercial. Paper, sec. 1697; Mowery v. Mastr 14: Nebí, 512; Pierson v. Hutchinson, 2 Camp. [Eng.], 211; Ex parte Greenway, 6 Yes. Jr. [Eng.], 812; Lamson v. Bfaj¡¡, 1 Handy [O.], 450.) If the certificate is a negotiable instrument, a court of law could enter judgment thereon only upon, the theory that it was lost after due, unindorsed, and in that event no indemnity bond could be required, and it would stand on the…
1Opinion of the Court
Irvine, C.
A brief statement of the pleadings is necessary to a consideration of this ease. The plaintiff in error was the plaintiff in the district court. In her petition she avers *488that on -Dei’ember 4, 1890, she deposited with the defendant hank $8,000, for which the defendant issued to her a certificate of deposit; that on or about June 6, 1891, she lost the certificate and at once gave notifce of loss to the defendant; that she had not at the time of the loss or at any other time indorsed the certificate or in any way negotiated' or hypothecated the same. The prayer was for a judgment for…
2Cases cited16 opinions
- Bull v. Bank of KassonSupreme Court of the United States · 1887
- Mattison v. MarksMichigan Supreme Court · 1875
- Pardee v. . FishNew York Court of Appeals · 1875
- Sprick v. Washington CountyNebraska Supreme Court · 1874
- First National Bank v. Security National BankNebraska Supreme Court · 1892
11 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Maeder Steel Products Co. v. ZanelloOregon Supreme Court · 1923
- Penn Mutual Life Insurance v. KatzNebraska Supreme Court · 1941
- White v. WadhamsMichigan Supreme Court · 1918
- Millikan v. Security Trust Co.Indiana Supreme Court · 1918
- Thompson v. Farmers State BankSupreme Court of Iowa · 1913
27 more not listed; retrieve them via the Exa API.